Derek Charles Ferguson Appellant Against HM Advocate

JurisdictionScotland
Neutral Citation2009 SCCR 78
Year2009
Date2009
CourtUnspecified Court (Scotland)
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20 cases
  • Sb Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 21 May 2015
    ...offence, or even simply an offence, of which he should not have been convicted. This was part of the rationale in Ferguson v HM Advocate 2009 SCCR 78 (following R v Coutts [2006] 1 WLR 2154, Lord Bingham at para 12). The issue there was determined on the basis that it had been unfair to the......
  • William Johnston (junior)+charles Woolard V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 21 April 2009
    ...Meyl v HM Advocate 2005 SCCR 338 and Touati and Gilfillan v HM Advocate 2008 JC 214. In the recent cases of Ferguson v HM Advocate 2009 SCCR 78 and Hopkinson v HM Advocate [2009] HCJAC 9 the court expressed its agreement with the judgments in R v Coutts [2006] 1 WLR 2154, where it was held ......
  • Laura Stewart V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 19 September 2012
    ...involving speculation about what the appellant's evidence could or should have been was not what was envisaged in Ferguson v HM Advocate 2009 SCCR 78 (where the obvious alternative verdict arose from a clearly-proven single stab with a knife). In the present case, the fact that there were t......
  • Appeal Against Conviction By John Murray Copolo Known As Mcintosh And Joanne Mary Ironside Known As Mitchell Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 2 December 2016
    ...279 Duffy v HM Advocate [2015] HCJAC 29; 2015 SCCR 205; 2015 SCL 544; 2015 GWD 11–188 Ferguson v HM Advocate [2008] HCJAC 71; 2009 SLT 67; 2009 SCCR 78; 2009 SCL 250 Jones v HM Advocate 1990 JC 160; 1990 SLT 517; 1989 SCCR 726 Low v HM Advocate 1994 SLT 277; 1993 SCCR 493 R v Coutts [2006] ......
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