Her Majesty's Advocate v. Ogie & Anor [2010] ScotHC HJC B1 (30 April 1010)

Parties

Procedural Posture

Criminal / Jury Directions Following Submissions at Close of Crown Case

Legal Issues

1. 1 Whether there is sufficient evidence for the jury to convict Paul Igoe as art and part in the murder of Martyn Barclay
2. 2 Whether the jury should be directed on alternative verdicts regarding who was the actor in the murder

Ratio Decidendi

There is insufficient evidence to allow the jury to convict Paul Igoe as art and part in the murder, as his conduct after the event, absent evidence of prior knowledge or participation, does not meet the threshold for art and part liability. The jury must be directed accordingly, but may consider alternative verdicts if the evidence supports them.

Court Disposition

Direction to jury: insufficient evidence against Paul Igoe as art and part; alternative verdicts open on the evidence.

Orders

• Jury to be directed that if satisfied Caroline Igoe fired the shot, she may be convicted as actor and Paul Igoe must be acquitted by direction.
• If satisfied Paul Igoe fired the shot, he may be convicted as actor and Caroline Igoe may be convicted art and part.