Andrew v Advocate (HM)

JurisdictionScotland
Date1999
Year1999
CourtHigh Court of Justiciary
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5 cases
  • Alexander Philip Millar V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 9. Juni 2010
    ...of her submissions reference was made to Binks v HM Advocate 1984 SCCR 335, Jackson v HM Advocate 1982 JC 117 and Andrew v HM Advocate 2000 SLT 402. [12] In considering this matter, we would accept (as did the Crown) that members of the jury could have taken from the reference to prison (on......
  • Mohammed Ashif Aliah Ashraf Appellants against HM Advocate Respondent
    • United Kingdom
    • High Court of Justiciary
    • Invalid date
    ...Young and Lord MalcolmNo 2 McHale and HM Advocate Cases referred to: Advocate (HM) v Docherty 1980 SLT (Notes) 33 Andrew v HM Advocate 2000 SLT 402 Beacom v HM Advocate 2002 SLT 349; 2002 SCCR 33 Boyd v HM Advocate 2001 JC 53; 2000 SLT 1358; 2000 SCCR 962 Crombie v HM Advocate [2014] HCJAC ......
  • McHale v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 31. Mai 2017
    ...Young and Lord MalcolmNo 2 McHale and HM Advocate Cases referred to: Advocate (HM) v Docherty 1980 SLT (Notes) 33 Andrew v HM Advocate 2000 SLT 402 Beacom v HM Advocate 2002 SLT 349; 2002 SCCR 33 Boyd v HM Advocate 2001 JC 53; 2000 SLT 1358; 2000 SCCR 962 Crombie v HM Advocate [2014] HCJAC ......
  • Appeal By Joseph Francis Mchale And Kevin Charles Schruyers Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 31. Mai 2017
    ...it is not a breach of Article 6 of the Convention to reveal an accused’s previous convictions during his trial (Andrew v HM Advocate 2000 SLT 402, LJC (Cullen), delivering the Opinion of the Court, at 406). As was recognised by the European Commission in X v Austria (App No 2742/66), eviden......
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3 books & journal articles
  • Wiping the Slate Clean: Reforming Scots Law's Approach to Evidence of the Accused's Bad Character
    • United Kingdom
    • Wiley The Modern Law Review No. 76-2, March 2013
    • 1. März 2013
    ...convictions are revealed accidentally by a witness and the prosecution tookreasonable care in framing its questions: Andrew vHM Advocate 2000 SLT 402; Kerr vJessop 1991JC 1; Carberry vHM Advocate 1975 JC 40; Kepple vHM Advocate 1936 JC 76.9 1995 Act, ss 101(2), 166B.10 Mitchell vDean 1979 J......
  • Indexes
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 18-4, October 2014
    • 1. Oktober 2014
    ...vAllen [1894] P254 (CA) . . . . . . . . . . . . . 247Anderson vR [1972] AC100 . . . . . . . . . . . . . . . .357Andrew vHM Advocate 2000SLT 402 . . . . . . . . 23Arnotts Ltd v Trade Practices Commission (1990)24 FCR313 . . . . . . . . . . . . . . . . . . . . . . . . . . . 334Attorney-Genera......
  • The Corroboration Requirement in Scottish Criminal Trials: Should it Be Retained for Some Forms of Problematic Evidence?
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 18-1, January 2014
    • 1. Januar 2014
    ...have corroboration as to their making: Murray vHM Advocate 2009 JC 266.124 1983 SLT 16.125 Ibid. at 20.126 1987 JC 50.127 Ibid. at 54.128 2000 SLT 402. See also Cairns vHowdle 2000 SCCR 742 where the accused suggested that he hadderived his special knowledge from witnessing the suggested at......

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