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Stephen Paul Donnelly Appellant Against HM Advocate

Cited in 2 Precedent Map Related
Vincent
JurisdictionScotland
Neutral Citation2009 SCCR 512
Year2009
Date2009
CourtUnspecified Court (Scotland)
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2 cases
  • Kevin Glancy V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 25 October 2011
    ...to be read down so as to impose an evidential burden of proof as opposed to a persuasive or legal burden of proof [5] In Donnelly v HMA 2009 SCCR 512 the appellant was convicted under section 49(1) of having in a public place a bladed item, namely a samurai sword. The appellant appealed on ......
  • Appeal Against Conviction By Laura Lunn Against Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 15 October 2015
    ...of the bottle and used it solely to attempt to prevent further attack (cf dicta of Lord Carloway at paragraph [7] of Donnelly v HMA 2009 SCCR 512). [10] For these reasons the advocate depute conceded that there had been a misdirection; that the jury had not been able to form their own view ......

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