Terry Gardener Ryan James Glynn Appellants Against HM Advocate

JurisdictionScotland
Neutral Citation2010 SCCR 116
Date2010
CourtUnspecified Court (Scotland)
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5 cases
  • Laura Stewart V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 19 September 2012
    ...for what period. The Crown's approach was entirely appropriate, as were the trial judge's directions: cf Gardener & Glynn v HM Advocate 2010 SCCR 116 at paragraphs [17] to [20]. The appeal should be refused. Discussion [11] We accept that there may be circumstances in which assailants actin......
  • Green v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 14 November 2019
    ...SCL 181; 2011 GWD 37–758 Ferguson v HM Advocate [2015] HCJAC 89; 2015 SCL 972; 2015 GWD 35–563 Gardener v HM Advocate [2009] HCJAC 92; 2010 SCCR 116; 2010 SCL 330; 2010 GWD 4–65 Gubinas v HM Advocate [2017] HCJAC 25; 2017 SLT 663; 2017 SCL 556 H v HM Advocate [2010] HCJAC 111; 2011 JC 149; ......
  • Asif Rehman+adel Ishaq V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 20 December 2013
    ...there was a proper evidential basis for the jury considering returning separate verdicts against both accused (cf Gardener v HM Advocate 2010 SCCR 116). Secondly, the trial judge ought to have directed the jury in the way proposed in Cussick v HM Advocate 2001 SCCR 683. Thirdly, the issue o......
  • Notes Of Appeal Against Conviction And Sentence By (first) Paul Green, (second) Lee Noonan And (third) Robbie Darren Brown
    • United Kingdom
    • High Court of Justiciary
    • 14 November 2019
    ...the issue had been live and obvious, the trial judge ought to have directed the jury on individual responsibility (Gardener v HM Advocate 2010 SCCR 116 at para [17]). Instead, he chose to direct the jury simply on the Crown’s approach to concert. The jury could only determine the case on th......
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