HMA v McGuinness 1937 JC 37
Citation: HMA v McGuinness 1937 JC 37
Rule of thumb: If a person is being accused of a very serious criminal offence, like murder, can there be other lesser charges on the charge sheet? No, there cannot – where a person faces a serious criminal accusation other lesser criminal charges cannot be put on the charge sheet so that they can focus on the serious one.
Judgment:
The Court held that where there is a murder charge being levied at an accused, then the all the other charges in relation to this must be dropped and heard separately so that the murder aspect can be considered without prejudice. The basic facts nonetheless were that McGuiness had essentially been on the rampage and assaulted multiple people before killing the victim. The Court held that if the jury were presented with the other assaults then it could prejudice their mind in considering whether McGuiness had intent, wicked reckless and reckless with the specific murder perpetration, "the two groups of charges were unconnected and it would be to the prejudice of his client if they were tried together in respect that the jury would approach the second group of charges, especially the charge of murder, with evidence as to the charges of assault present in their minds... Wherever murder is charged I am quite clear that it is the duty of the Court to prevent any risk of prejudice which might arise if the whole of the charges in the indictment were tried together. If there is any risk of prejudice it is the clear duty of the court to separate the charges". Lord Emslie
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.