Art and part Mens rea—Homicide—Responsibility of accessory where principal actor convicted of murder Carey v HM Advocate 148 Assisted suicide Circumstances in which criminal Ross v Lord Advocate
176
Compatibility issue Convertible devolution issue—Appeal directed to compatibility of judge’s charge in 2003 with European Convention on Human Rights Macklin v HM Advocate
119
Right to respect for private life—Assisted suicide—Whether criminalisation in accordance with law Ross v Lord Advocate 176 Devolution issue Disclosure—Effect of failure to disclose statements of witnesses—Whether disclosure would have led to different verdict Macklin v HM Advocate 119 Disclosure Application for disclosure of evidence relating to police operation—Whether disclosable in terms of statute Murphy v H
135
Double jeopardy Fresh evidence of admissions by accused—Whether evidence admissible HM Advocate v Auld 159 Evidence Admissibility—Statements by accused—Statement to prison officer—Whether admissible HM Advocate v Auld 159 Admissibility—Statements by accused—Whether capable of being incriminating HM Advocate v Auld 159
*657936*
Sentencing Life sentence—Punishment part—Frenzied knife attack— Whether punishment period of 22 years excessive Haugen v HM Advocate (Sy) 223 Murder—Punishment part—Accused convicted of brutal murder of young girls committed in 1977—Whether 37 years excessive Sinclair v HM Advocate 209 Post- offence convictions—Whether admissible at common law Sinclair v HM Advocate 209 Road traffic—Fixed penalty—Offer of fixed penalty not taken up—Whether relevant to sentence Watt v Dunn 131 Road traffic—Penalty points—Discount for plea of guilty— Whether applicable to penalty points Watt v Dunn 131 Sex offenders register—Sending indecent messages on Facebook—Messages sent as joke—Whether significant sexual aspect to offence Rodgerson v Dunn
114
Solemn procedure Judge’s charge—Prior statement by witness—Whether directions erroneous—Whether led to miscarriage of justice Clark v HM Advocate 203 Time bar—Extension sought because of fault of Crown Potts v HM Advocate
109
Summary procedure Adjournment—Case not heard at two diets after evidence taken from one complainer—Whether sheriff entitled to refuse further fortnight’s adjournment Murphy v Tariq (Sy) 225
2016 S.C.C.R. 109–226
Procedure for application to exclude material from duty of disclosure in public interest Murphy v H 135
Road traffic Sentence—Fixed penalty—Offer of fixed penalty not taken up—Whether relevant to sentence Watt v Dunn 131
SCOTTISH CRIMINAL CASE REPORTS
Bail Bail appeal—Appeal against sheriff ’s refusal of bail brought in High Court after preliminary hearing—Whether appropriate AA v HM Advocate (Sy) 224
April 2016 2016 S.C.C.R. 109−226
Sufficiency—Corroboration—Accused’s statement containing erroneous admission—Whether admissible as evidence of accused’s involvement in joint—Whether corroborated by evidence of accused’s behaviour during incident Carey v HM Advocate 148
Scottish Criminal Case Reports Edited by Sir Gerald H Gordon CBE, QC, LLD AA v HM Advocate (Sy) Carey v HM Advocate Clark v HM Advocate Haugen v HM Advocate (Sy) HM Advocate v Auld Macklin v HM Advocate Murphy v H
224 148 203 223 159 119 135
Murphy v Tariq (Sy) Potts v HM Advocate Rodgerson v Dunn Ross v Lord Advocate Sinclair v HM Advocate Watt v Dunn
225 109 114 176 209 131