Actus reus Involuntary behaviour—Driving dangerously while asleep— Whether driver criminally responsible Alexander v Dunn 305
Sentence Anal and oral rape of two boys aged between seven and 11 over lengthy period by youth aged between 14 and 15—Whether six years’ detention without extended period excessive or appropriate McCormick v HM Advocate 308 Children—Considerations to be taken into account McCormick v HM Advocate 308
Evidence Corroboration—Mutual corroboration—Alleged incidents six years apart—Whether Moorov doctrine applicable JL v HM Advocate 365
Discount for guilty plea—Whether available for supervised release order O’Neil v HM Advocate 332
Corroboration—Mutual corroboration—Alleged incidents 10 years apart—Whether Moorov doctrine applicable RF v HM Advocate 319
Extended sentence—Considerations to be taken into account—Importance of denial of offence McCormick v HM Advocate 308
Corroboration—Mutual corroboration—Alleged incidents 11 years apart—Whether Moorov doctrine applicable RG v HM Advocate 360
Road Traffic—Disqualification—Dangerous driving—Special reasons—Emergency—Constable attending emergency call with flashing lights but no use of siren Watt v Murphy 314
Identification—Fingerprints—Whether print on scanned fingerprint form identified as that of accused Ross v HM Advocate (Sy) 380 Human rights Time bar—Application lodged before domestic remedies exhausted—Application not then rejected as inadmissible— Whether exceptional circumstances rendering application admissible O’Neill and Lauchlan v UK 337
Road traffic Causing death by dangerous driving—Car owner sitting in driving seat with passenger sitting on his lap—Whether owner driving HM Advocate v Cooper 352
Supervised release order—Whether discount for guilty plea available O’Neil v HM Advocate 332 Solemn procedure—Judge’s charge—Failure to identify elements of charges six years apart which might make Moorov applicable—Whether misdirection JL v HM Advocate 365 Words “Driving” HM Advocate v Cooper 352
2016 S.C.C.R. 305–380
Rape Attempted rape—Whether offence under s.1 of Sexual Offences (Scotland) Act 2009 RCB v HM Advocate 374
Road traffic—Disqualification—Totting up—Exceptional hardship established—Whether can thereafter impose disqualification for offence Hamand v Harvie (Sy) 379
SCOTTISH CRIMINAL CASE REPORTS
Appeal Unreasonable verdict—Charge of threatening behaviour— Sheriff accepting evidence of witnesses that accused struck windscreen with metal bar—No evidence of damage to windscreen—Whether sheriff entitled to treat witnesses as credible Aien v Richardson 327
August 2016 2016 S.C.C.R. 305−380
Dangerous driving—Driving dangerously while asleep— Whether driver criminally responsible Alexander v Dunn 305
Scottish Criminal Case Reports Edited by Sir Gerald H Gordon CBE, QC, LLD Alexander v Dunn Aien v Richardson HM Advocate v Cooper Hamand v Harvie (Sy) JL v HM Advocate McCormick v HM Advocate O’Neil v HM Advocate
*657938*
305 327 352 379 365 308 332
O’Neill and Lauchlan v UK 337 RCB v HM Advocate 374 RF v HM Advocate 319 RG v HM Advocate 360 Ross v HM Advocate (Sy) 380 Watt v Murphy 314