HMA v Savage [1923] ScotHC HCJ_1 (21 May 1923)

HMA v Savage [1923] ScotHC HCJ_1 (21 May 1923)

If the accused's mental state at the time of the act was unsound, amounting to mental aberration but not insanity, and diminished his responsibility, the crime may be reduced from murder to culpable homicide.

Citation
[1923] ScotHC HCJ_1
Parties
Prosecution: H. M. Advocate; Defendant: Savage
Jurisdiction
Scotland
Judgment Date
21 May 1923
Procedural Posture
Criminal / Jury Instructions
Outcome
jury directed to consider verdict based on three questions: actus reus, insanity, and diminished responsibility
Legal Topics
Murder, Culpable Homicide, Insanity Defence, Diminished Responsibility
Criminal Law Murder Culpable Homicide Insanity Defence Diminished Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

H. M. Advocate

Prosecution

Savage

Defendant

Procedural Posture

Criminal / Jury Instructions

Legal Issues

  1. 1 Whether the accused killed Jemima Grierson
  2. 2 Whether the accused was insane at the time of the act
  3. 3 Whether the accused's mental condition reduced the crime from murder to culpable homicide

Ratio Decidendi

If the accused's mental state at the time of the act was unsound, amounting to mental aberration but not insanity, and diminished his responsibility, the crime may be reduced from murder to culpable homicide.

Court Disposition

jury directed to consider verdict based on three questions: actus reus, insanity, and diminished responsibility