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Smart V HM Advocate
''Smart v Her Majesty's Advocate'' is a Scots law case that effectively excludes the common law doctrine of Volenti non fit injuria from Scots criminal law, when concerning assault. The case saw the accused, William Smart, who was charged with assault, lodging the defence that his victim Issac Wilkie has consented to a "square go". Therefore Smart could not be charged with assaulting Wilkie or any injuries arising from the fight. Facts Smart was originally tried at Paisley Sheriff Court in 1974 by Sheriff Mclean and a jury. Smart put forward two lines of argument. Firstly, that he should not be charged with assault because the victim had consented to fight him and thus knew of the risks and consequences. Secondly, he argued that he had acted in self-defence, a plea that was ruled out because of the lack of evidence. The only question to be considered was whether consent ruled out (negated) assault? Ruling The sheriff ruled that: "Now something has been said about consent. ... [...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] |
Scots Law Times
The ''Scots Law Times'' is a commercially published law reports service and law magazine for Scotland, publishing over 1400 pages of reports each year. Published weekly during court term by W. Green, the ''Scots Law Times'' covers every Scottish court, civil and criminal, from the Sheriff Courts to the Supreme Court of the United Kingdom (formerly the House of Lords). Since 2000, the ''Scots Law Times'' reports have been prepared by a specialist legal team working online, with court opinions downloaded from the Scottish Court Service , type = , seal = , logo = 250px , logo_caption = , formed = , jurisdiction = Scotland , headquarters = Saughton House, Broomhouse Drive, Edinburgh EH11 3XD , employees = 1,374 , budget = £129.3 million (2015-2016) , chief1_name = Lor ... website. Reports of leading cases can therefore be published very shortly after a decision is issued. The ''Scots Law Times'' also has a news section that contains topical articles, reviews of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. Originally ''clericus justiciarie'' or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord Clerk Register, the status of the office increased over time and the Justice-Clerk came to claim a seat on the Bench by practice and custom. This was recognised by the Privy Council of Scotland in 1663 and the Lord Justice Clerk became the effective head of the reformed High Court of Justiciary in 1672 when the court was reconstituted. The Lord Justice Clerk now rarely presides at criminal trials in the High Court, with most of his or her time being spent dealing with civil and criminal appeals. The Lord Justice Clerk has the title in both the Court of Session and the High Court of Justiciary and, as ''President of the Second Division of the Inner House'', is in charge of the Second Division of Judges of the Inner House of the Court of S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Wheatley, Baron Wheatley
John Thomas Wheatley, Baron Wheatley, (17 January 1908 – 28 July 1988) was a Scottish Labour politician and judge. Biography Wheatley was born on 17 January 1908 in Shettleston, Glasgow, the third and youngest child of Janet (1877–1951), a pupil teacher and daughter of Peter Murphy, a labourer from Belfast, and Patrick Wheatley (1875–1937), sometime miner and later publisher, who was born in County Waterford. He was educated at St. Aloysius' College, Glasgow, Mount St Mary's College Mount St Mary's College is an independent, co-educational, day and boarding school situated at Spinkhill, Derbyshire, England. It was founded in 1842 by the Society of Jesus (better known as the Jesuits), and has buildings designed by notable ar ... near Sheffield, and the University of Glasgow. He was admitted as an Faculty of Advocates, advocate in 1932. He served in the Royal Artillery and the Judge Advocate General (United Kingdom), Judge Advocate Generals' Branch during World ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Her Majesty's Advocate
, body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Dorothy Bain QC.png , incumbent = Dorothy Bain KC , incumbentsince = 22 June 2021 , appointer = Monarch on the advice of the First Minister , department = Crown Office and Procurator Fiscal Service , deputy = Solicitor General for Scotland , termlength = , succession = , website = https://www.gov.scot/about/who-runs-government/cabinet-and-ministers/lord-advocate/ His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. They are the chief public prosecutor for Scotland and all prosecutions on indictment are conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The offi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volenti Non Fit Injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. ''Volenti'' applies only to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. ''Volenti'' is also known as a "voluntary assumption of risk". ''Volenti'' is sometimes described as the plaintiff "consenting to run a risk". In this context, ''volenti'' can be distinguished from legal consent in that the latter can prevent some torts arising in the first place. For example, consent to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Street Fighting
Street fighting is hand-to-hand combat in public places, between individuals or groups of people. The venue is usually a public place (e.g. a street) and the fight sometimes results in serious injury or occasionally even death. Some street fights can be gang-related. A typical situation might involve two men arguing in a bar, then one suggests stepping outside, where the fight commences. Thus, it is often possible to avoid the fight by backing off, while in self-defense, a person is actively trying to escape the situation, using force if necessary to ensure their own safety. In some martial arts communities, street fighting and self-defense are often considered synonymous. __TOC__ History Evidence for human fighting goes back 430,000 years ago in Spain, where a fossil skull was found with two fractures apparently caused by the same object, implying an intentional lethal attack. Another record of early human fighting is one that happened 9500 to 10,500 years ago in Natar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paisley Sheriff Court
Paisley Sheriff Court is a municipal structure in St James Street, Paisley, Renfrewshire, Scotland. The complex, which was the headquarters of Renfrewshire County Council and is currently used as a courthouse, is a Category A listed building. History Court hearings were originally been held in the tolbooth in Hairst Street in Renfrew but were transferred to the tolbooth at the junction of High Street and Moss Street in Paisley in the mid-16th century. The tolbooth, which was rebuilt in 1757 and then demolished in 1821, was replaced by the old County Buildings on the east side of County Square. This was a castellated building, built at a cost of £28,000, which was completed in 1820. By the 1880s the building in County Square was deemed too small and it was decided to erect a new courthouse on the north side of St James Street. The new building was designed by William Clarke and George Bell in the neoclassical style, built in ashlar stone and was completed in 1885. The design in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerald Gordon
Sir Gerald Henry Gordon (born 17 June 1929) is a Scottish lawyer who is the editor of ''Scottish Criminal Case Reports'' and of ''Renton and Brown's Criminal Procedure'', and author of ''The Criminal Law of Scotland''. Previous appointments Gordon was a Sheriff from 1976 to 1999 and a Temporary Judge at the High Court until June 2004. He was Professor of Scots law at the University of Edinburgh from 1972 to 1976 and Head of Department of Criminal law and Criminology there from 1965 to 1972. He practised as an Advocate from 1953 to 1959 and was Procurator Fiscal Depute from 1960 to 1965. SCCRC Gordon was a Member of the Scottish Criminal Cases Review Commission (SCCRC) from its inception in 1999 until 2009. During this time the SCCRC conducted a review of the conviction of Abdelbaset al-Megrahi in the Pan Am Flight 103 bombing trial. Honours and awards Gordon was appointed a Commander of the Order of the British Empire The Most Excellent Order of the British Empire is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Operation Spanner
Operation Spanner was a police investigation into same-sex male sadomasochism across the United Kingdom in the late 1980s. The investigation, led by the Obscene Publications Squad of the Metropolitan Police, began in 1987 and ran for three years, during which approximately 100 gay and bisexual men were questioned by police. The investigation culminated in a report naming 43 individuals, of whom the Director of Public Prosecutions chose to prosecute 16 men for assault occasioning actual bodily harm, unlawful wounding and other offences related to consensual, private sadomasochistic sex sessions held in various locations between 1978 and 1987. A resulting House of Lords judgement, ''R v Brown'', ruled that consent was not a valid legal defence for actual bodily harm in Britain. The case sparked a national conversation about the limits of consent and the role of government in sexual encounters between consenting adults. It also spawned two activist organisations dedicated to ... [...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] |
1975 In British Law
It was also declared the ''International Women's Year'' by the United Nations and the European Architectural Heritage Year by the Council of Europe. Events January * January 1 - Watergate scandal (United States): John N. Mitchell, H. R. Haldeman and John Ehrlichman are found guilty of the Watergate cover-up. * January 2 ** The Federal Rules of Evidence are approved by the United States Congress. ** Bangladesh revolutionary leader Siraj Sikder is killed by police while in custody. ** A bomb blast at Samastipur, Bihar, India, fatally wounds Lalit Narayan Mishra, Minister of Railways. * January 5 – Tasman Bridge disaster: The Tasman Bridge in Hobart, Tasmania, Australia, is struck by the bulk ore carrier , killing 12 people. * January 7 – OPEC agrees to raise crude oil prices by 10%. * January 10–February 9 – The flight of ''Soyuz 17'' with the crew of Georgy Grechko and Aleksei Gubarev aboard the ''Salyut 4'' space station. * January 15 – Alvor Agreement: Portugal a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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