Elliot v Advocate (HM) (No. 2)

JurisdictionScotland
Date1997
Year1997
CourtHigh Court of Justiciary
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5 cases
  • Referral By The Scottish Criminal Cases Review Commission In The Case Of Yusuf Ansari (formerly Known As George Archibald Clark) V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 2 May 2003
    ...principles later set out in O'Neill. They agree that the sentence in this case ought to have been backdated (Elliott v HM Adv (No. 2), 1997 SLT 1229) to 18 March 1996. They also agree that the decision in this referral should be made on the basis of the current legislation. [28]Counsel for ......
  • Ansari v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 2 May 2003
    ...v HM AdvocateUNK 1998 SCCR 196 Clark v HM AdvocateUNK 1997 SCCR 416 Cronin v HM AdvocateUNK 1993 SCCR 158 Elliott v HM Advocate (No 2) 1997 SLT 1229 Hussain v United KingdomHRC (1996) 22 EHRR 1 McPhee v HM AdvocateUNK 1990 SCCR 313 McRae v HM AdvocateUNK 1987 SCCR 36 Nicol v HM AdvocateUNK ......
  • Patrick Anthony Flynn and Others v HM Advocate
    • United Kingdom
    • Privy Council
    • 18 March 2004
    ...6 December 2000 his sentence was backdated to 5 September 1988, in order to give effect to the decision in Elliott (No 2) v HM Advocate, 1997 SLT 1229 that when passing a mandatory sentence of life imprisonment a trial judge was required by section 218 of the Criminal Procedure (Scotland) A......
  • Murray v Hm Advocate; Simpson v Hm Advocate
    • United Kingdom
    • High Court of Justiciary
    • 10 September 1999
    ...sentence. The facts of the cases appear sufficiently from the opinion of the court. Cases referred to: Elliott v HM Advocate (No 2) 1997 SLt 1229 O'Neill v HM Advocate 1997 SLt 958 R v Secretary of State for the Home Department, ex parte Doody [1994] 1 AC 531 Thynne, Wilson and Gunnell v Un......
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