Carole Barbara Stone Appellant Against HM Advocate
| Jurisdiction | Scotland |
| Neutral Citation | 2009 SCCR 71 |
| Year | 2009 |
| Date | 2009 |
| Court | Unspecified Court (Scotland) |
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4 cases
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Sb Against Her Majesty's Advocate
...and to present a defence which is not tenable in law (Hughes v Dyer 2010 JC 203, Lord Wheatley at para [8] following Edwards v HM Advocate 2009 SCCR 71 and Burzala v HM Advocate 2008 SCCR 199). Just as counsel has a duty to advise on an obvious and relevant line of defence (James v HM Advoc......
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Maclean v Dunn (Procurator Fiscal)
...SCCR 722 Saunders v UKHRCUNKUNK (1997) 23 EHRR 313; [1997] BCC 872; [1998] 1 BCLC 362; 2 BHRC 358 Stone v HM AdvocateUNK [2008] HCJAC 60; 2009 SCCR 71 Walker v LeesSCUNK 1995 JC 125; 1995 SLT 757; 1995 SCCR 445 White v RuxtonUNK 1998 SLT 105; 1997 SCCR 771 Wilson v Milne 1975 SLT (Notes) 26......
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Ryan James Maclean V. Procurator Fiscal, Glasgow
...submissions to the proper construction of section 18 of the Act. In particular he did not argue that, following the case of Stone v HMA 2009 SCCR 71 which applied Lawrie v Muir 1950 JC 19, the evidence relating to the sample should be admitted, even if it had been obtained unlawfully. It wa......
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(1) Peter Fitzpatrick, (2) James John Mcfeeley And (3) Mark Phillips Against The Procurator Fiscal, Kilmarnock
...The test was fairness, and what occurred was not fair. This was not a question of an “excusable irregularity” (Stone v HM Advocate 2009 SCCR 71; HM Advocate v Higgins 2006 SLT 946). It had not been made clear to the second appellant that this was an investigation into the criminal offence o......