Cardle v Mulrainey

JurisdictionScotland
Year1992
Date1992
CourtHigh Court of Justiciary
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5 cases
  • Advocate (HM) v Bennett
    • United Kingdom
    • High Court of Justiciary
    • 9 Febrero 1996
    ...a plea in mitigation was disputed or that it was or might be irrelevant. Sorley v. HM AdvocateSC 1992 JC 102 applied. Cardle v. Mulrainey 1992 SLT 1152distinguished. Thomas Bennett also known as Thomas Reekie was charged at the instance of the Right Honourable Lord Rodger of Earlsferry, QC,......
  • Re M (A Minor) (Care Orders: Threshold Conditions)
    • United Kingdom
    • House of Lords
    • 21 Julio 1994
    ...was incorrect and that the conviction should be quashed. Since this decision was soon afterwards explained in Cardle v. Mulrainey 1992 S.L.T. 1152 by reference to facts much closer to the present it is sufficient to quote only briefly from some of the full judgments delivered. Per Lord Hope......
  • Note Of Appeal Against Conviction By Scott Henry Sneddon Mackay Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 20 Junio 2017
    ...AC 591; [1975] 2 WLR 513; [1975] 1 All ER 810; [1975] 2 Lloyd's Rep 11 Brennan v HM Advocate 1977 JC 38; 1977 SLT 151 Cardle v Mulrainey 1992 SLT 1152; 1992 SCCR 658 MacMillan v T Leith Developments Ltd [2017] CSIH 23; 2017 SC 642; 2017 SLT 415 R v Barnier [1980] 1 SCR 1124; 109 DLR (3d) 25......
  • R v Kingston
    • United Kingdom
    • House of Lords
    • 21 Julio 1994
    ...His Lordship went on to consider R v MajewskiELR ((1977) AC 433), Ross v HM Advocate General (1991 SLT 564) and Cardle v Mulrainey (1992 SLT 1152) and concluded that he could not find any sufficient grounds for holding that the defence relied upon was already established by the common law. ......
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1 books & journal articles
  • Automatism and Mental Disorder in Scots Criminal Law
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , May 2015
    • 1 Mayo 2015
    ...reason means that the accused was unaware of the nature and quality of his acts or that what he was doing was wrong.55Cardle v Mulrainey 1992 SLT 1152. The main difference between automatism and “insanity” concerned the cause of the accused's mental incapacity, the common law position havin......

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