Luke Muir Mitchell Appellant Against HM Advocate

JurisdictionScotland
Neutral Citation2008 SCCR 469
Date2008
Year2008
CourtHigh Court of Justiciary
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14 cases
  • Application Under The Double Jeopardy (scotland) Act 2011 By Her Majesty's Advocate Against (first) Ronnie Coulter; (second) Andrew Coulter; And (third) David Montgomery
    • United Kingdom
    • High Court of Justiciary
    • 28 November 2014
    ...Sheridan 2012 SCL 298 at 304) as was the impact of jury directions (Montgomery v HM Advocate 2001 SC (PC) 1 at 30; Mitchell v HM Advocate 2008 SCCR 469 at paras [71] – [72]; Beggs (supra) at para [37]; Sinclair (supra) at para [132]; R v Dobson [2011] EWCA Crim 1255 at paras 80-91). In R v ......
  • William Frederick Ian Beggs V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 9 March 2010
    ...were Stuurmann v HM Advocate 1980 JC 111 [4 months]; Haney and Others v HM Advocate 2003 SCCR 253 [7 months]; Mitchell v HM Advocate 2008 SCCR 469 [14 months]. Secondly, the trial process itself was recognised as being an important factor which much offset or effaced any recollections of pr......
  • Her Majesty's Advocate V. William Hugh Lauchlan+charles Bernard O'neill
    • United Kingdom
    • High Court of Justiciary
    • 17 July 2009
    ...v HMA 2000 SCCR 620 at paragraph 12. Counsel for the accused also referred me to paragraphs 12 to 15 (page 624E-625B); Mitchell v HMA 2008 SCCR 469 at page 475D-E and paragraph 15 (page 490D-E); Excerpt from trial judge's report in Mitchell v HMA at paragraphs 100 to 107 (pages 62 to 67); N......
  • Raymond Willian Jude V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 18 May 2012
    ...necessity (Beggs v HMA cit.sup.). The principle underlying the decision in Nelson was that of fair notice to the defence (Mitchell v HMA 2008 SCCR 469). The conduct of the appellant, in sending a text message using the complainer's phone shortly after the alleged attack upon the complainer ......
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