Burton v Advocate (HM)
| Jurisdiction | Scotland |
| Date | 1979 |
| Year | 1979 |
| Court | High Court of Justiciary |
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5 cases
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David Gallagher V. Her Majesty's Advocate
...was evidence which undermined the defence of that co-accused. Reference was made to McCourtney v HM Advocate and Burton v HM Advocate 1979 SLT Notes 59. It was also accepted that, according to the present understanding of the law in Scotland, if an accused had given evidence against a co-ac......
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David Peter Gallagher V. Her Majesty's Advocate
...to adopt that formulation while being careful not to express any opinion on its correctness (pages 72-3). In Burton v HM Advocate 1979 SLT (Notes) 59 the court had apparently adopted the Murdoch test without hearing full argument on it. Doubts about it had been expressed by Lord Hunter and ......
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Sandlan v Advocate (HM)
...Act of 1975. Dicta of Lord Donovan in Murdoch v. TaylorELR[1965] A.C. 574 at page 592 considered and doubted;Burton v. H. M. Advocate 1979 S.L.T. (Notes) 59doubted. Observations on the phrase "evidence led by the defence" in sec. 149A (1) (a) of the Act of 1975;doubted whether the contentio......
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Craig Brown Johnstone Gillespie Barnes V. Her Majesty's Advocate
...incident. We refer generally to Murdoch v. Taylor [1965] A.C. 574, McCourtney 1977 J. C. at pp. 72 - 73 and Burton v. H. M. Advocate 1979 S.L.T. (Notes) 59. In our view therefore it was indeed "evidence against" the appellant. [12]Mr. Jackson submitted that if that were so, then the subsect......
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1 books & journal articles
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Wiping the Slate Clean: Reforming Scots Law's Approach to Evidence of the Accused's Bad Character
...ibid, s 103(4).63 Criminal Justice Act (Categories of Offences) Order 2004 SI 2004/3346.64 2003 Act, s 103(3).65 Burton vHM Advocate 1979 SLT (Notes) 59, 60; Murdoch vTaylor [1965] AC 574, 592 per LordDonovan.66 1995 Act, s 266(4)(c).Findlay Stark© 2013 The Author. The Modern Law Review © 2......