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16 Cards in this Set
- Front
- Back
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Tees v HMA |
Had pleaded guilty to aggravated assault and sentenced to 7 years. The victim was in a coma and died 3 months later; 15 months after the initial attack. Not oppressive for the crown to bring a second indictment of culplable homicide. |
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Law Hospital NHS Trust v Lord Advocate |
Sought a delarator allowing them to discontinue life sustaining treatment of a patient who had been a vegetative state for 3 years and had no prospective of improvement. Considered not to be in the patient's best interests to continue. |
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Drury v HMA |
Murder is where the accused wickedly intends to kill or displays wicked recklessness as to whether the victim lives or dies. |
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Cawthorne v HMA |
Accused had shot a high-velocity into a room full of people hiding from him at a height where he could have expected to have hit someone. Jury could convict of murder if displayed wicked recklessness; unnecessary to prove he intended to kill. |
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HMA v Purcell |
Charged with murder of a child fatally injured at a pedestrian crossing. Reckless driving can only amount to culpable homicide as there was no wilful act intended to cause personal injury. |
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Petto v HMA |
Had pleaded guilty to culpable homicide of a man. Had then tried to dispose of the body by setting fire to a room in a ground floor flat; this caused an explosion which killed an upstairs resident. Argued that he couldn't be guilty of murder as he had not intended to harm this person. Jury had decided on whether he could retract his guilty plea and not on whether this was murder. |
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Halliday v HMA |
The accused had kicked victim and left him motionless. They had then moved away and talked about what great brothers they were before stamping on his head. They put him in the recovery position, went home and washed their clothes. When they returned they couldn't find a pulse and so called an ambulance. Actions after can indicate attitude at the time of the crime - wickedly indifferent. |
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HMA v Rutherford |
Killed a woman by strangling her with a tie. Argued that he had only tightened it to humour her as she had asked him to strangle her to death. Held that consent is not a defence to murder. |
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HMA v Brady |
Convicted of culpable homicide and not murder where he killed his terminally ill brother; no wicked intention. |
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HMA v McGuinness |
People who use knives against a fellow citizen should not then be entitled to say 'we did not mean to kill' if death results. Guilty of murder if resort to use of lethal weapons. |
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Drury v HMA |
Culpable homicide is all that is short of murder where a relevant measure of blame is attached. |
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Lourie v HMA |
Accused had stolen a bag from a 74 year old in her home who had a heart attack. There was insufficient evidence to show that she had witnessed the theft so conviction was quashed. Have to show a causal link. |
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Patrick Slaven and Others |
Accused had assaulted a woman with an intent to ravish. She had tried to escape and they had pursued her to the edge of a precipice where she fell over it and died. Held that if she met her death escaping the assault then they were guilty of culpable homicide. |
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Transco PLC v HMA |
Company that supplied gas to houses. In one four were killed following an explosion. Found guilty of culpable homicide because they had knowledge of the risk and had a complete and utter disregard for the safety of the public. |
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Sutherland v HMA |
An individual was killed when he was setting fire to the accused's house for insurance fraud purposes. Crown had to prove that the accused had acted with the required degree of recklessness and thus caused the death. |
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Dean v John Menzies (Holdings) Ltd |
Newsagent charged with shameless indecency for selling obscene articles. Not convicted because this offence requires human characteristics. |
