CRAIG McCREIGHT Appellant against HM ADVOCATE

JurisdictionScotland
Neutral Citation2009 SCCR 743
Date2009
CourtUnspecified Court (Scotland)
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3 cases
  • Fraser v HM Advocate
    • United Kingdom
    • Supreme Court (Scotland)
    • 25 May 2011
    ...is not permissible. Our task is quite different but entirely clear. As the Appeal Court said in McCreight v H M Advocate [2009] HCJAC 69, 2009 SCCR 743, para 95, it is not the court's task to decide what the outcome of the trial would have been if the trial had been conducted on an entirel......
  • Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 6 May 2010
    ...every charge against a complainer had to be disclosed. There was no duty to disclose this particular charge (see Murtagh v HM Advocate 2009 SCCR 743). Even if there were such a duty, no miscarriage of justice could be said to have occurred. The charge was a minor one. It did not involve any......
  • Appeal Against Conviction By Adam Lundy Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 18 January 2018
    ...where the question whether there had been such fault was a critical issue. Even in murder, authority has been refused: McCreight v HMA 2009 SCCR 743. The effect of articles 2 and 13 added another layer of right, but was simply a reflection of the fact that the homicide is at the extreme end......
1 books & journal articles
  • When Should a Retrial be Permitted After a Conviction is Quashed on Appeal?
    • United Kingdom
    • The Modern Law Review No. 74-5, September 2011
    • 1 September 2011
    ...Sarah Summers, FindlayStark, the participants in the 2010Gerald Gordon Seminar on Criminal Law and the Review’stwo anonymous referees.12009 SCCR 743(McCreight).2McCreight at [97].The ‘1995 Act’is the Criminal Procedure (Scotland) Act 1995.3A brief discussion of potentially relevantconsidera......

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