HM ADVOCATE v A Accused
| Jurisdiction | Scotland |
| Neutral Citation | 2005 SCCR 593 |
| Year | 2005 |
| Date | 2005 |
| Court | High Court of Justiciary |
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8 cases
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C.j.m. V. Her Majesty's Advocate
...that the complainer was predisposed to telling lies of a sexual nature (cf Cassells v HM Advocate (supra); see also HM Advocate v A 2005 SCCR 593, Lord Macphail at para [20]). [16] Secondly, the evidence had to be "relevant" to whether the accused was guilty (s 275(1)(b)). This did not prov......
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J.b.+b.j. V. The Authority Reporter In The Case Of Child D And Baby K
...and the hearsay evidence of the child was so plainly wrong that this court here should intervene. 29. I was also referred to HMA v A 2005 SLT 975 an opinion of Lord Macphail in a criminal matter where his Lordship repelled an objection to a Crown motion to bring an expert (consultant psycho......
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William Gage V. Her Majesty's Advocate
...were special features that were likely to be unknown to the jury (McBrearty v HM Adv 2004 JC 122; AJE v HM Adv 2002 JC 215; HM Adv v A 2005 SCCR 593); for example, an accused person's susceptibility to pressure when questioned by the police (HM Adv v Gilgannon 1983 SCCR 10; Gilmour v HM Adv......
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S.a. V. D.a.+marion Foy
...submissions reference was made to the following cases: In re B 2009 1AC 11; B v Scottish Ministers 2010 SC 472; T v T 2001 SC 337; HMA v A 2005 SLT 975; Thomas v Thomas 1947 SC (HL) 45; Duncan v Wilson 1940 SC 221; Morrison v Kelly 1970 SC 65; Bryce v BRB 1995 SLT 1378; and White v White 20......
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2 books & journal articles
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The Scottish “Rape Shield”: As Good as it Gets?
...“clinical judgement” looks at all the behaviour of a mentally disordered person.6969Para 26. See also the earlier case of HM Advocate v A 2005 SCCR 593 where the trial judge allowed the evidence of a psychiatrist that a complainer suffered from “ ‘false-memory syndrome’ secondary to signifi......
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Corroboration in Scots Law: “Archaic Rule” or “Invaluable Safeguard”?
...v HM Advocate 2004 JC 122) and on whether a complainer suffering from bipolar illness exhibited false memory syndrome (HM Advocate v A 2005 SLT 975). However, the use of experts to outline general problems of eyewitness identification evidence has recently been rejected as inconsistent with......