Gardner v Lees

JurisdictionScotland
Neutral Citation1996 SCCR 168
Date1996
Year1996
CourtHigh Court of Justiciary
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4 cases
  • Donna Murphy V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 30 May 2012
    ...defined "preliminary hearing" as including a diet of a "further" preliminary hearing. On a plain reading of the statute (Gardner v Lees 1996 SCCR 168, Lord McCluskey at 178), this definition encompassed any continued preliminary hearing (see O'Connell v HM Advocate 1996 SCCR 614). [19] Seco......
  • Appeal By Donnie Daniel Potts Against Procurator Fiscal, Hamilton
    • United Kingdom
    • High Court of Justiciary
    • 18 January 2017
    ...solemn proceedings and to proceed summarily outwith the 12 month period. It was to cure the problem identified in Gardner v Lees 1996 SCCR 168, but it had not been designed to permit summary proceedings where solemn proceedings had been discontinued by the court. [13] The SAC had erred in d......
  • Her Majesty's Advocate V. Morris Petch+robert Foye
    • United Kingdom
    • High Court of Justiciary
    • 1 March 2011
    ...of Harwich at page 49, Lord Griffiths at page 50, Lord Browne-Wilkinson at page 69, Lord Oliver of Aylmerton at page 52; Gardner v Lees 1996 SCCR 168, per Lord McCluskey at page 178). The Crown's primary position was that the approach adopted by the majority in Ansari was correct. Alternati......
  • McDOWALL v LEES
    • United Kingdom
    • High Court of Justiciary
    • 19 July 1996
    ...1977 JC 1 Advocate (HM) v WalkerSC 1981 JC 102 Beswick v BeswickELR [1968] AC 58 Farrell v HM AdvocateSC 1984 JC 80 Gardner v Lees 1996 SLT 342 MacDougall v Russell 1986 SLT 403 McGowan (Brian) v Procurator Fiscal, Paisley, High Court of Justiciary, 1 February 1996, unreported (1996 GWD 8nd......

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