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Drury V HM Advocate
''Drury v. Her Majesty's Advocate'' is a Scottish criminal case heard before a full bench (five judges) of the High Court of Justiciary sitting as the Court of Criminal Appeal. Stuart Drury had been convicted of killing his former partner with a hammer on concluding that she had begun a new relationship with another man. The original trial judge directed the jury that a finding of culpable homicide could only be made where the accused had not intended to kill and had not displayed enough wicked recklessness to convict of murder, and that a defence of provocation was only possible if the violence was proportionate to the provocation itself. In the Court of Criminal Appeal's judgement, the Lord Justice General, Lord Rodger, sought to clarify what he considered to be an incomplete standard definition of murder: {{Cquote, rder is constituted by any wilful act causing the destruction of life, by which the perpetrator either wickedly intends to kill or displays wicked recklessne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office '' ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the Lor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Office And Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's responsibilities extend to the whole of Scotland, and include: * Investigation and prosecution of criminal offences * Investigation of sudden or suspicious deaths * The investigation and prosecution of criminal conduct by the police * Assessment and possession of bona vacantia * Assessment and possession of treasure trove The Lord Advocate is assisted by the Solicitor General for Scotland, both Law Officers. The day-to-day running of the Service is done by the Crown Agent & Chief Executive and an executi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder In Scotland
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justiciary Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * "Hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Defenses
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a Court of Law Mental disorder (insanity) Insanity or ''mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common definitio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2001 In Scotland
Events from the year 2001 in Scotland. Incumbents *First Minister and Keeper of the Great Seal – Henry McLeish (until 8 November 2001), Jack McConnell (from 27 November 2001) * Secretary of State for Scotland – John Reid until 25 January; then Helen Liddell Law officers * Lord Advocate – Lord Boyd of Duncansby * Solicitor General for Scotland – Neil Davidson; then Elish Angiolini * Advocate General for Scotland – Lynda Clark Judiciary * Lord President of the Court of Session and Lord Justice General – Lord Rodger of Earlsferry until 13 November; then Lord Cullen of Whitekirk * Lord Justice Clerk – Lord Cullen, then Lord Gill * Chairman of the Scottish Land Court – Lord McGhie Events * 31 January – the Scottish Court in the Netherlands convicts a Libyan and acquits another for their part in the bombing of Pan Am Flight 103 which crashed in Lockerbie in 1988. Lamin Khalifah Fhimah (aged 44) is cleared, but Abdelbaset al-Megrahi is found ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpable Homicide
Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law. Jurisdictions "Culpable homicide" offences are found in the following jurisdictions; the description of the local version of the offence is given where available: Canada In Canada, "culpable homicide" is not itself an offence. Rather, the term is used in the Criminal Code to classify all killings of persons as either culpable or not culpable homicide. There are three types of culpable homicide: murder, manslaughter and infanticide. Killings classified as not culpable are justifiable killings; thus the term is used to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in the common law−based criminal law jurisdictions of England and Wales, Canada, Australia, India, Kenya, Pakistan, Philippines, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America. In the United States, some crimes also require proof of attendant circumstances and/or proof of a required result directly caused by the . Definitions The terms and developed in English law are derived from the principle stated by Edward Coke, namely, ("an act does not make a person guilty unless (their) mind is also guilty"); hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness in conjugation of thought () and action (). In order for an to be committed there ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Justice General
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
