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Ferguson v HM Advocate, 2009 SCCR 78

Ferguson v HM Advocate, 2009 SCCR 78


Citation: Ferguson v HM Advocate, 2009 SCCR 78

Link to case on WorldLII.

Rule of thumb: If a jury convicts a person of an offence which the actus reus is technically not there for, can this conviction be overturned? Yes, if the facts mean that an accused has as a point of law not committed the crime the jury convicted them of, then this conviction can be overturned on appeal on a legal technicality.

Judgment:

‘In our opinion [the foregoing passage] reflects the proper approach to the matter under consideration. In that passage Lord Justice General Hope cited Parr v HM Advocate and Broadley v HM Advocate as examples of cases in which a jury could not reasonably have convicted of culpable homicide and in which, accordingly, it was appropriate for the trial judge to withdraw that verdict from the jury’. at paragraph [30] on page 87, Lord Osborne

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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.