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Criminal law [2018] ScotHC HCJAC_64

McKNIGHT, APPEAL AGAINST CONVICTION BY GARY McKNIGHT AGAINST HER MAJESTY'S ADVOCATE

McKNIGHT, APPEAL AGAINST CONVICTION BY GARY McKNIGHT AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_64 (04 October 2018)

The court quashed Gary McKnight’s conviction after holding that the sheriff failed to properly direct the jury on the use of his mixed police interview statement.

  • Mixed statements
  • Jury directions
  • Misdirection
  • Hearsay exceptions
  • Self-defence
  • Accident
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Criminal law [2017] ScotHC HCJAC_25

Gubinas v HM Advocate

Gubinas v HM Advocate [2017] ScotHC HCJAC_25 (09 May 2017)

The appeal court upheld most of the conviction appeal in Gubinas v HM Advocate, finding sufficient evidence on consent but deleting the anal penetration averment.

  • Rape
  • Sexual assault
  • Consent
  • Video evidence
  • Jury directions
  • Mixed statements
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Criminal law [2017] ScotHC HCJAC_23

Stolarczyk v Procurator Fiscal, Stirling

Stolarczyk v Procurator Fiscal, Stirling [2017] ScotHC HCJAC_23 (13 April 2017)

The High Court of Justiciary refused an appeal against conviction for assault, holding that the sheriff could reject the self-defence qualification in the appellant’s police statement.

  • Assault
  • Self-defence
  • Mixed statements
  • Sufficiency of evidence
  • Criminal-law
  • Mixed-statements
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Criminal law [2014] ScotHC HCJAC_28

DAVID RONALD SHANKS HUNTER v. HER MAJESTY'S ADVOCATE

DAVID RONALD SHANKS HUNTER v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_28 (12 March 2014)

The High Court of Justiciary refused an appeal against conviction, holding that the jury directions on mixed statements were adequate and any error about an exculpatory denial was immaterial.

  • Misdirection
  • Mixed statements
  • Identification evidence
  • Robbery
  • Special defence of incrimination
  • Criminal-appeal
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Criminal law [2015] ScotHC HCJAC_99

Shah (Muazam Ali) v HM Advocate

Shah (Muazam Ali) v HM Advocate [2015] ScotHC HCJAC_99 (26 June 2012)

The appeal court quashed Shah’s convictions after holding that the trial judge gave contradictory and erroneous directions on mixed statements made by the accused.

  • Mixed statements
  • Jury directions
  • Misdirection
  • Hearsay
  • Circumstantial evidence
  • Miscarriage of justice
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Criminal law [2011] ScotHC HCJAC_32

Johnston v HM Advocate

Johnston v HM Advocate [2011] ScotHC HCJAC_32 (07 April 2011)

Conviction appeal dismissed in a murder case. The court held that only one jury direction on hearsay and concert was erroneous, but it caused no miscarriage of justice.

  • Murder
  • Standard of proof
  • Mixed statements
  • Admissibility of evidence
  • Concerted attack
  • Hearsay exception
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Criminal law [2011] ScotHC HCJAC_58

Jamieson v. Her Majesty's Advocate

Jamieson v. Her Majesty's Advocate [2011] ScotHC HCJAC_58 (16 February 2011)

The Appeal Court quashed Craig William Jamieson’s murder conviction after holding that the trial judge wrongly treated the appellant’s statements as purely exculpatory.

  • Mixed statements
  • Hearsay
  • Miscarriage of justice
  • Police interviews
  • Article 6 echr
  • Scotland act 1998
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Criminal law [2009] ScotHC HCJAC_22

Beattie v. Her Majesty's Advocate

Beattie v. Her Majesty's Advocate [2009] ScotHC HCJAC_22 (04 March 2009)

The appeal court refused George Beattie’s appeal against his murder conviction, holding that his statements were admissible and no miscarriage of justice was shown.

  • Admissibility of evidence
  • Fairness of police questioning
  • Mixed statements
  • Directions to jury
  • Corroboration
  • Murder
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Criminal law [2007] ScotHC HCJAC_7

McGirr v. Her Majesty's Advocate

McGirr v. Her Majesty's Advocate [2007] ScotHC HCJAC_7 (26 January 2007)

Appeal against a murder conviction refused. The court held the trial judge misdirected the jury on mixed statements, but the charge as a whole caused no miscarriage of justice.

  • Murder
  • Culpable homicide
  • Provocation
  • Mixed statements
  • Jury directions
  • Mental state
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Criminal law [2005] ScotHC HCJAC_132

Sneddon v. Her Majesty's Advocate

Sneddon v. Her Majesty's Advocate [2005] ScotHC HCJAC_132 (12 October 2005)

Appeal Court held the sheriff should have directed the jury on a mixed police statement, but the omission caused no miscarriage of justice.

  • Jury directions
  • Mixed statements
  • Misdirection
  • Miscarriage of justice
  • Criminal-appeals
  • Jury-directions
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.