HM Advocate v Smith (Robert)
| Jurisdiction | Scotland |
| Year | 1893 |
| Date | 1893 |
| Court | High Court of Justiciary |
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4 cases
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R v Smith (Morgan James)
...in his mental constitution, but to have had his mind weakened by successive attacks of disease." (p.479) In H.M. Adv. v. Robert Smith (1893) 1 Adam 34, the accused was subjected to a course of taunting by his fellow workmen which so affected him that he eventually killed one of his tormento......
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Kim Louise Scarsbrook Or Galbraith V. Her Majesty's Advocate
...his own mind might have been so weak as to deprive the act of that wilfulness which would make it murder". In H. M. Advocate v. Smith (1893) 1 Adam 34 at p. 52 Lord Maclaren told the jury that, if the accused's mind had been rendered unstable by a continued course of persecution for a year,......
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Her Majesty's Advocate V. Gareth Kerr
...where the accused would otherwise be convicted of murder (HMA v Dingwall (1867) 5 Irv. 466; HMA v McLean (1876) 3 Coup. 334; HMA v Smith (1893) 1 Adam 34; Galbraith v HMA). In Galbraith v HMA the court reviewed authorities commencing with HMA v Dingwall and culminating with Caldwell v HMA 1......
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Scarsbrook or Galbraith v Hm Advocate
...1 Advocate (HM) v M'Lean (1876) 3 Coup 334 Advocate (HM) v Ritchie 1926 JC 45 Advocate (HM) v Savage 1923 JC 49 Advocate (HM) v Smith (1893) 1 Adam 34 Advocate (HM) v Tierney (1875) 3 Coup 152 Brennan v HM AdvocateSC 1977 JC 38 Caldwell v HM Advocate 1946 SLT (Notes) 9 Carraher v HM Advocat......
1 books & journal articles
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The Uncertain Medical Origins of Diminished Responsibility
...(1902) 4 Adam 88; HM Advocate vHiggins (1913) 7 Adam 229.84. Chalmers and Leverick, above n. 16 at 224, fn. 41.85. HM Advocate vSmith (1893) 1 Adam 34 and see Anon, ‘Law of Murder’ (1893) 5 Juridical Review 268 for bitter criticism ofthis case.86. HM Advocate vAbercrombie (1896) 2 Adam 163,......