Scottish Criminal Law - Cases

Cases

  • Brennan v HM Advocate 1977 JC 38 – authority against automatism in cases of voluntary intoxication
  • Cadder v HM Advocate UKSC 43 - not being permitted access to a solicitor while in police custody was a breach of Article 6(1) of the European Convention on Human Rights
  • Cawthorne v HM Advocate 1968 JC 32
  • Crawford v HM Advocate 1950 JC 67
  • Drury v HM Advocate 2001 SCCR 538 – provided modern definition of murder
  • Jamieson v HM Advocate 1994 SLT 537
  • Khaliq v HM Advocate 1984 JC 23
  • Ross v HM Advocate 1991 JC 210 – first authoritative recognition of non-insane automatism
  • Smart v HM Advocate 1975 JC 30
  • Sutherland v HM Advocate 1994 SLT 634

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    I want in all cases to do right.
    Abraham Lincoln (1809–1865)

    After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases cannot be based on justice, even as far as men understand it.
    Henry David Thoreau (1817–1862)

    In the beautiful, man sets himself up as the standard of perfection; in select cases he worships himself in it.... Man believes that the world itself is filled with beauty—he forgets that it is he who has created it. He alone has bestowed beauty upon the world—alas! only a very human, an all too human, beauty.
    Friedrich Nietzsche (1844–1900)