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Scotland Case Law

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Criminal law [2016] ScotHC HCJAC_49

Docherty v HM Advocate

Docherty v HM Advocate [2016] ScotHC HCJAC_49 (20 May 2016)

The Appeal Court upheld John Docherty’s murder conviction and 21-year punishment part, finding the DNA and circumstantial evidence sufficient and the verdict reasonable.

  • Murder
  • Dna evidence
  • Unreasonable verdict
  • Sentencing practice
  • Dna-evidence
  • Unreasonable-verdict
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Criminal law [2008] HCJAC 6

Locke v. Her Majesty's Advocate

Locke v. Her Majesty's Advocate [2008] ScotHC HCJAC_06 (01 February 2008)

The court declined to refer Locke’s appeal to seven judges, holding the appeal should be assessed under sentencing practice in force when he was sentenced.

  • Life imprisonment
  • Sentencing practice
  • Retrospective application of sentencing guidelines
  • Interpretation of statutory provisions on punishment parts
  • Sentencing-practice
  • Life-imprisonment
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Criminal law [2008] ScotHC HCJAC_06

Locke v. Her Majesty's Advocate

Locke v. Her Majesty's Advocate [2008] ScotHC HCJAC_06 (01 February 2008)

Appeal court held that the appellant’s designated life-sentence part had to be assessed by sentencing practice in 1998, and declined any remit to seven judges.

  • Life imprisonment
  • Designated part
  • Punishment part
  • Sentencing practice
  • Statutory interpretation
  • Criminal-sentencing
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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.