HM Advocate v McPhee, ScotHC HCJ_3 1935
Citation: HM Advocate v McPhee, ScotHC HCJ_3 1935
Rule of thumb: Where a person has been beaten up in an assault & then left, and then they unexpectedly die, is this murder? Yes, this can be formulated as a murder charge to be put to a jury.
Judgment:
“where a dangerous situation has been created by the accused or where the prior actions of the accused has created danger... wickedly and feloniously exposed the woman regardless of consequences to the inclemency of the weather, and if she died in consequence… both of the beating and exposure”, Lord Mackay
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.