Advocate, HM v Dingwall
| Jurisdiction | Scotland |
| Date | 1867 |
| Year | 1867 |
| Court | High Court of Justiciary |
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13 cases
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R v Smith (Morgan James)
...in which diminished responsibility was first recognised as a defence, not merely as a ground for recommending mercy, was Alex Dingwall (1867) 5 Irv 466. The accused, Dingwall, was irreclaimably addicted to drink. He was weakminded but not insane. He had killed his wife with a carving knife,......
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DPP for Northern Ireland v Lynch
...that of duress. The Scottish common law evolved another concept of diminished responsibility for homicide ( H.M. Advocate v. Dingwall (1867) 5 Irv. 466). In my judgment the English common law is well capable of accommodating duress under the concept of diminished responsibility reducing mur......
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Harry Caldwell V. Her Majesty's Advocate
...Mr Wheatley's approach seemed to reflect the practice in the Scottish criminal courts prior to the decision in Alex Dingwall (1867) 5 Irv 466 (generally accepted to be the starting-point of the doctrine of diminished responsibility) at which time juries could be directed to add to their ver......
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David Lilburn V. Her Majesty's Advocate
...is generally considered to have entered Scots jurisprudence in the directions given to the jury by Lord Deas in HM Advocate v Dingwall (1867) 5 Irv. 466 where at page 480 it is reported: "The state of mind of a prisoner might, his Lordship thought, be an extenuating circumstance, although n......
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1 books & journal articles
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Recognising Acute Intoxication as Diminished Responsibility? A Comparative Analysis
...at the time of intoxication50 Above n. 49 at 40.51 Scottish Law Commission, above n. 14 at para. 3.35.52 See, e.g., Alexander Dingwall (1867) 5 Irv 466; Andrew Granger (1878) 4 Couper 86;HM Advocate v Graham (1906) 5 Adam 212.53 Scottish Law Commission, above n. 14 at para. 3.37.54 Ibid. at......