Melvin v HMA 1984 SLT 365
Citation: Melvin v HMA 1984 SLT 365
Rule of thumb: Does a jury always have to be presented with a ‘guilty or not guilty’ verdict? No, sometimes a jury can be presented with a more complex question asking them what ‘guilty or not guilty’, but if guilty, the level of recklessness of the mind to be ascertained in order to determine what offence was committed.
Judgment:
- ‘A jury would be entitled to consider and assess the degree of recklessness displayed by each participant and return, if their judgement so required, a discriminating verdict in accordance with their assessment’, Lord Cameron
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.