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Paton v HM Advocate 1936 JC 19

Paton v HM Advocate 1936 JC 19


Citation: Paton v HM Advocate 1936 JC 19

Link to case on WorldLII.

Rule of thumb: What is the legal test that must be proved for culpable homicide? The test is gross or wicked negligence which leads to a person being killed.

Judgment:

"it is now necessary to show gross, or wicked, or criminal negligence, something amounting, or at any rate analogous, to a criminal indifference to consequences, before a jury can find culpable homicide proved". Justice-Clerk Aitchison at 22

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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.