Scots Case Law

• H.M. Advocate v. Purcell 2008 JC 131 


  Charged with killing through wicked recklessness for hitting and killing a 10-year-old with a car
• Petto v. H.M. Advocate 2012 JC 105


  Foresight of consequences proved intent to kill when setting fire that resulted in death
• R. v. Whites [ 1910] 2KB 124, CA


  White not guilty of murder as no actus reus, but had mens rea for attempted murder for poising his mother
• H.M. Advocate v. Kerr and others (1871) 2 Couper 334


  Mr Donald not liable for not intervening in a rape as he had no legal duty to do so
• Paton v. H.M. Advocate 1936 JC 19

  Charged with murder for reckless display of criminal indifference to consequences- while driving
• H.M. Advocate v. Fraser & Rollins 1920 JC 60

  Each accused is liable for the ultimate actus reus due to prior plan/agreement
• H.M. Advocate v. Gallacher 1951JC 38


  Convicted of murder due to spontaneous coming together despite no evidence of prior agreement
• Boyne v. H.M. Advocate 1980 SLT 56


  Only the person who stabbed the victim was liable as they went outside of the common plan
• Docherty v. Brown 1996 JC 48; 1996 SLT 325


  Charged with attempting to commit an impossible crime - possessing a controlled drug with intent to supply
• Tomney v. H.M. Advocate [2012] HCJAC 138


  Convicted of reckless discharge of a gun leading to culpable recklessness or gross carelessness
• Roberts v. Hamilton 1989 JC 9


  Accused misses target and hits a different person, still prosecuted for assault on both - transferred intent
• John Roy 1839 Bell's Notes 88


  Deliberate action causing injury without intent is not assault - non intent to cause injury
• ⭐️R v. Brown [1994] 1 AC 212


  Consent of participants does not matter when it comes to sadomachism
• Stewart v Nisbet 2013 SCL 209


  Deliberate attack due to misunderstanding of consent is an assault
• H.M. Advocate v. Harris 1993 JC 150


  Causing real injury by reckless conduct is a crime - mean bouncer
• ⭐️Cadder v. H.M. Advocate [2010] UKSC 43


  Suspects must be offered the use of a lawyer before talking to the police
• Lawrie v Muir


  Evidence inadmissible due to inspectors overstepping their powers
• Owens v. H.M. Advocate 1946 JC 119; 1946 SLT 227:


  the judge directed the jury that if the accused believed that his victim was threatening him with a knife and that belief was wrong - making an error then his plea of self-defence to a charge of murder had to be rejected
• Thomson v. H.M. Advocate 1986 SLT 281: immediate retaliation


  no provocation of words, the most foul and abusive, or of signs or gestures, however contemptuous or derisive soever, is of sufficient weight... to alleviate the guilt [of murder]".
• Donnelly v. H.M. Advocate [2017] HCJAC 78: where the accused responded to an attack on a third party


  the accused's defense for responding to an attack on a third party could be likened to a hero stepping in to protect someone in danger.
• Hogg v. MacPherson 1928 JC 15


  Driver not liable for crashing into a lamp due to wind - no voluntary act present
• Quinn v. Lees 1994 SCCR 159

  • Accused's motive did not affect mens rea - intent to cause injury = assault told his dog to attack
• Thabo Meli v. R [1954] 1 WLR 228


  Conduct treated as a continuous act - assault and throwing victim over a cliff leading to death
• Roberts v. Hamilton 1989 JC 91; 1989 SLT 399


  intent to injure was transferred when accused attempted to hit one person but struck another when trying to hit a guy with a snooker cue
• H.M. Advocate v. Robertson and Donoghue (1945, unreported)


  Accused fully responsible for consequences when struggling with a vulnerable victim who died as they were eledery - thin skull rule
• McDonald v. H.M. Advocate 2007 SCCR 10


  Accused convicted of culpable homicide due to victim's contribution to their own death - he jumped out the window of the flat
• H.M. Advocate v. Camerons (1911) 6 Adam 456


  Convicted for preparation to perpetration of insurance fraud despite not completing the crime
• West v. H.M. Advocate 1985 SCCR 248


  Charged with conspiracy to assault people and rob the bank due to loitering with weapons
• Baxter v. H.M. Advocate 1997 SCCR 437


  Charged with incitement to murder for discussing methods of killing with serious intent
• Drury v. H.M. Advocate 2001 SCCR 583


  Convicted of killing with wicked intent to kill his wife
• Transco PLC v. H.M. Advocate (No. 1)


  Charged with culpable homicide due to utter disregard for the safety of the public
• Smart v. H.M. Advocate 1975 JC 30; 1975 SLT 65


  Consent does not defend the charge of assault if the attack is done with evil intent
• Black v. Carmichael 1992 SLT 897


  accused wheel calmed a car and demanded a price for its releasethe court held = that he had deprived the owner of the use of his car and this was a theft ( extortion was also charged)
• Adcock v. Archibald 1925 JC 58; 1925 SLT 258 - Small Practical Result


  Even a small practical result is enough to constitute a crime
• Byrne v. H.M. Advocate (No. 2) 2000 JC 155- Wilful Fire-Raising


  Deliberate setting of fire to a building
• ⭐️Smith v Donnelly 2001 SCCR 800 - Breach of the Peace


  Conduct causing alarm and threatening serious disturbance to the community
• Jones v. Carnegie; Tallents v. Gallacher 2004 JC 136


  Convictions made on the basis that rights may be subject to restrictions in different countries
• ⭐️Harris v. H.M. Advocate 2010 SCCR 15 - Affecting the Public Peace


  Conduct must affect the community and emphasize the public element of disturbance
• Sweet v Parsley [1970] AC 132


  S5 of the Dangerous Drugs Act 1965 did not create an absolute offence
• H.M. Advocate v. Gallacher 1951 JC 38


  Genuine and reasonable error affecting mens rea