Compatibility issue Statement of uncontroversial evidence—Whether compatible with European Convention on Human Rights Ashif v HM Advocate 437
Road traffic—Causing serious injury by dangerous driving— Falling asleep at wheel—Whether community payback order excessive Burke v Laing (Sy) 585
Contempt of court Failure to appear as witness—Whether can be purged by subsequent appearance Lyons v Fraser (Sy) 584
Solemn procedure Judge’s charge—Prior inconsistent statements—Failure to direct jury on limited purpose for which statements can be used Moynihan v HM Advocate 548
Fresh evidence—Whether fresh evidence strengthens Crown case substantially or is highly likely to lead to conviction HM Advocate v Coulter 464 Evidence Admissibility—Preliminary decision that no evidence of informal identification parade should be led at trial— Whether applied to defence as well as to Crown—Witnesses spontaneously naming and pointing out accused in dock— Whether trial unfair McMultan v HM Advocate 496 Corroboration—Mutual corroboration—Charges 24 years apart—Whether Moorov doctrine applicable HM Advocate v ER 490
Sentence Guidance—Health and Safety—Use of English Guidelines Scottish Power Generation Ltd v HM Advocate 569 Health and Safety—Failure by large company to maintain machinery causing severe injury—Whether starting-point of £2,500,000 excessive Scottish Power Generation Ltd v HM Advocate 569 Order for lifelong restriction—Rape by person with bad record—Whether starting-point of 17½ years and nine year punishment part excessive Moynihan v HM Advocate 548
*657940*
Statement of uncontroversial evidence—What statements appropriate Ashif v HM Advocate 437 Stated case Appeal against refusal of submission of no case to answer— Requirements of stated case Brown v McPherson 564 Statutory offence Threatening messages—Whether text of message requires to be objectively of menacing character Brown v McPherson 564 Verdict Charges arising out of same facts—Charges of assault by striking with and being in possession of block of wood— Whether incompetent Laughlan v Harrower 544 Warrant Search warrant—Warrant to search for and seize documents held by solicitor and covered by legal privilege—No notice of application for warrant given to solicitors—What actions of applicant for warrant oppressive Clyde and Co. (Scotland) LLP v Richardson 480 Whether competent for single High Court judge to suspend sheriff ’s search warrant ad interim Clyde and Co. (Scotland) LLP v Richardson 480 Words—“Dock identification” McMultan v HM Advocate
2016 S.C.C.R. 437–586
Extradition Compatibility of prison conditions with Convention rights—Special conditions for fugitive intended to ensure compatibility with right to protection from inhuman or degrading treatment—Normal prison regime in requesting territory not compliant with this right—Whether extradition compatible with human rights Dean v Lord Advocate 499
Judge’s charge—Prior inconsistent statements—Failure to direct jury on limited purpose for which statements can be used—Whether failure to direct on inconsistent statement misdirection leading to miscarriage of justice O’Neill v HM Advocate 558
SCOTTISH CRIMINAL CASE REPORTS
Double jeopardy Charge of assault and murder—Accused convicted under deletion of averments of murder—Whether acquitted of murder HM Advocate v Coulter 464
December 2016 2016 S.C.C.R. 437−586
Scottish Criminal Case Reports Edited by Sir Gerald H Gordon CBE, QC, LLD
496
Ashif v HM Advocate 437 Brown v McPherson 564 Burke v Laing (Sy) 585 Clyde and Co. (Scotland) LLP v Richardson 480 Dean v Lord Advocate 499 HM Advocate v Coulter 464 HM Advocate v ER 490
Laughlan v Harrower Lyons v Fraser (Sy) McMultan v HM Advocate Moynihan v HM Advocate O’Neill v HM Advocate Scottish Power Generation Ltd v HM Advocate
544 584 496 548 558 569