HER MAJESTY'S ADVOCATE v NOEL DENNIS LUKE WEAVER [2017] ScotSC 66 (05 October 2017)
The court found that the accused's actions did not amount to self-defence and constituted assault as the force used was excessive and not justified.
- Citation
- [2017] ScotSC 66
- Parties
- Prosecutor: Her Majesty's Advocate; Defendant: Noel Dennis Luke Weaver
- Jurisdiction
- Scotland
- Judgment Date
- 05 October 2017
- Procedural Posture
- Criminal / Trial
- Outcome
- conviction
- Legal Topics
- Assault, Self Defence
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Parties
Her Majesty's Advocate
Prosecutor
Noel Dennis Luke Weaver
Defendant
Procedural Posture
Criminal / Trial
Legal Issues
- 1 Whether the accused committed assault
- 2 Whether self-defence applies
Ratio Decidendi
The court found that the accused's actions did not amount to self-defence and constituted assault as the force used was excessive and not justified.
Court Disposition
conviction
Orders
- The accused is found guilty of assault.
- Sentencing to be determined.
Full Case Text
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