HMA v McPhee [1934] ScotHC HCJ_3 (18 December 1934)

HMA v McPhee [1934] ScotHC HCJ_3 (18 December 1934)

The indictment, read cumulatively and with statutory implications, alleges that the accused assaulted and then exposed the unconscious and injured victim to the inclemency of the weather, resulting in death. This provides sufficient notice and relevancy under the Criminal Procedure Act 1887, and the objections to relevancy must be repelled.

Citation
[1934] ScotHC HCJ_3
Parties
Prosecutor: H. M. Advocate; Accused: M'Phee
Jurisdiction
Scotland
Judgment Date
18 December 1934
Procedural Posture
Criminal / Pre Trial Objection to Relevancy
Outcome
Objection to relevancy repelled; case to proceed to trial.
Legal Topics
Murder, Culpable Homicide, Indictment Relevancy, Exposure as Criminal Act, Criminal Procedure Act 1887
Criminal Law Murder Culpable Homicide Indictment Relevancy Exposure as Criminal Act Criminal Procedure Act 1887

Case Brief

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Parties

H. M. Advocate

Prosecutor

M'Phee

Accused

Procedural Posture

Criminal / Pre Trial Objection to Relevancy

Legal Issues

  1. 1 Whether the indictment sufficiently specifies a criminal act by use of the term 'exposure'
  2. 2 Whether the indictment gives adequate notice of the circumstances constituting the alleged crime under the Criminal Procedure Act 1887
  3. 3 Whether the objection to relevancy should be upheld or repelled

Ratio Decidendi

The indictment, read cumulatively and with statutory implications, alleges that the accused assaulted and then exposed the unconscious and injured victim to the inclemency of the weather, resulting in death. This provides sufficient notice and relevancy under the Criminal Procedure Act 1887, and the objections to relevancy must be repelled.

Court Disposition

Objection to relevancy repelled; case to proceed to trial.

Orders

  • Panel must proceed to trial before a jury.
  • Objections to relevancy in both forms are repelled.