Appeal Unfitness to plead—Accused convicted and sentenced— Reports on mental condition at time of sentencing suggesting mental illness—Whether subsequent evidence showed unfitness to plead at trial Murphy v HM Advocate (Sy) 88
Evidence Admissibility—Evidence irregularly obtained—Photograph of accused’s hands taken by Crown while committed for further examination—Whether admissible in evidence HM Advocate v Millar 1 Admissibility—Search—Evidence obtained as a result of information from third party—Whether admissible Cafferkey v HM Advocate
14
Admissibility—Sexual offences—Character of complainer— Whether admissible at common law HM Advocate v CJW (Sy) 84 Identification of accused—Whether corroborated by description of accused by other eyewitness Aluko v HM Advocate (Sy) 85
Human rights Extradition—Appeal to Supreme Court—Extradition refused because prison conditions in requesting country incompatible with art.3 of ECHR—Devolution minutes on other grounds not argued in High Court—Whether leave to appeal should be given Lord Advocate v Dean 17 Private prosecution Dangerous driving causing death—Decision by Lord Advocate that insufficient evidence for conviction—Whether court should allow private prosecution by relatives Stewart v Payne 56
Solemn procedure Solemn procedure—Absence of procurator fiscal at sentencing diet—Sheriff making no order—Whether competent HM Advocate v Ball
23
Committal for further examination—Whether Crown entitled to photograph hands of person committed for further examination HM Advocate v Millar 1 Desertion by judge pro loco et tempore and refusal of extension of time limits—Background of inadequacies by Crown—Whether judge entitled to act as she did HM Advocate v RV
7
Judge’s charge—Provocation—Attempted murder—Defence of self- defence—No reference to provocation in defence speech—Evidence by accused that he was initially struck by complainer—Whether failure of judge to give direction on provocation miscarriage of justice Copolo v HM Advocate 45 Prevaricating witness returning to witness box and giving evidence—Whether defence entitled to cross- examine on reason for prevarication Carmichael v HM Advocate (Sy) 86 Verdict Charge of assault and attempted murder by striking complainer with hammer in concert with another accused— Direction to jury that no corroboration of evidence that accused struck complainer—Accused convicted under deletion of averment of attempted murder—Whether consistent verdict Copolo v HM Advocate 45 Warrant Search warrant—Appeal—Appropriate method of appeal against admissibility of evidence where valid search warrant AS v HM Advocate 80
2017 S.C.C.R. 1–92
Extradition Appeal to Supreme Court—Human rights—Extradition refused because prison conditions in requesting country incompatible with art.3 of ECHR— Devolution minutes on other grounds not argued in High Court—Whether leave to appeal should be given Lord Advocate v Dean 17
Sentencing Guidelines—Sexual offences—Offences against vulnerable girls by member of staff of residential institution HM Advocate v Collins 31
SCOTTISH CRIMINAL CASE REPORTS
Defective representation—Failure to obtain medical reports on fitness to plead despite reports suggesting mental illness—Whether defective representation leading to miscarriage of justice Murphy v HM Advocate (Sy) 88
February 2017 2017 S.C.C.R. 1−92
Road Traffic Dangerous driving—Involuntary driving—Driver suffering blackout—Whether criminally responsible Stewart v Payne 56
Scottish Criminal Case Reports Edited by Sir Gerald H Gordon CBE, QC, LLD AS v HM Advocate Aluko v HM Advocate (Sy) Cafferkey v HM Advocate Carmichael v HM Advocate (Sy) Copolo v HM Advocate HM Advocate v Ball
*711742*
80 85 14 86 45 23
HM Advocate v CJW (Sy) 84 HM Advocate v Collins 31 HM Advocate v Millar 1 HM Advocate v RV 7 Lord Advocate v Dean 17 Murphy v HM Advocate (Sy) 88 Stewart v Payne 56