MATTHEW McFADDEN ANDREW SPARK Appellants against HM ADVOCATE

JurisdictionScotland
Neutral Citation2009 SCCR 902
Date2009
CourtUnspecified Court (Scotland)
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6 cases
  • Meighan v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 17 Agosto 2021
    ...SCL 153; 2009 GWD 33-559 Lundy v R [2013] UKPC 28; [2014] 2 NZLR 273; The Times, 10 December 2013 McFadden v HM Advocate [2009] HCJAC 78; 2009 SCCR 902; 2010 SCL 247 McGinty v HM Advocate [2006] HCJAC 8; 2006 GWD 11-202 McIntyre v HM Advocate [2005] HCJAC 50; 2005 SLT 757; 2005 SCCR 380 Mil......
  • The People (Director of Public Prosecutions) v Crowe
    • Ireland
    • Court of Appeal (Ireland)
    • 3 Febrero 2015
    ...REGS 1997 SI 74/1997 REG 17 CRIMINAL JUSTICE ACT 1984 S7(3) THOMAS v JONES 1921 1 KB 22 1920 AER REP 462 MCFADDEN & SPARK v HM ADVOCATE 2009 SCCR 902 2009 HCJAC 78 Crime & sentencing – Communications – Sending menacing message – Message sent to Garda –Appeal against conviction and sentence ......
  • Opinion Of The Court Delivered By Lady Paton In The Cause William Lauchlan And Charles O'neill Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 27 Marzo 2014
    ...appellant (i) Section 118(8) [26] The advocate depute referred to section 118(8) of the 1995 Act and to McFadden and Spark v HM Advocate 2009 SCCR 902 paragraphs [20]-[21]. No objection had been taken to the judge’s question at the trial. It was not now open to the appellants to argue that ......
  • Note Of Appeal Against Conviction By Scott Leslie Snowden And Robert Michael Jennings Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 25 Agosto 2014
    ...they were of no probative value. The statements could have been proved without reference to the name “Rab” (McFadden v HM Advocate 2009 SCCR 902). The statements were “highly prejudicial” to the appellant. This prejudice could not have been cured by the trial judge’s directions. Notwithstan......
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