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Chalmers, J. (2008)
Languages: English
Types: Article
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    • 34 Double Jeopardy and Prosecution Appeals (Law Com No 267, 2001) leading to the Criminal Justice Act 2003, Part 10.
    • 35 Thirty-Sixth Annual Report 2001: A Year of Achievement (Law Com No 275, 2002) Part V.
    • 36 Professor Maher is scheduled to leave the Commission in August 2008 and at the time of writing there has been no advertisement for his replacement.
    • 12 As in Brian Venuti, High Court at Glasgow, September 2004 (convictions for murder and attempted murder by driving into a group of persons). See also Kelly v HM Advocate 2006 SCCR 9 (attempted murder).
    • 13 Road Traffic Act 1988 s 1, as amended.
    • 14 Government of the United States of America v Jennings [1983] 1 AC 624, at 629 per Lord Roskill, discussing s 8 of the Road Traffic Act 1956.
    • 15 Government of the United States of America v Jennings at 644 per Lord Roskill.
    • 16 G H Gordon, The Criminal Law of Scotland, 3rd edn, by M G A Christie, vol 2 (2001) para 26.09 n 44. The maximum penalty for the offence created in 1956 was five years' imprisonment: Road Traffic Act 1956 s 8(1).
    • 17 See
    • 18 As to whether the court could have raised the issue of relevancy ex proprio motu, see Cartwright v HM Advocate 2001 SLT 1163; Heywood v McLennan 1994 SCCR 1.
    • 19 See Purcell at para 2.
    • 20 Cf HM Advocate v Mowat 2001 SLT 738.
    • 21 As it plainly could have been: see Purcell at para 19. In theory, it might have been open to the court to refuse to entertain counsel's submission on the basis that it was in substance a preliminary plea in terms problems itself: see J Chalmers and F Leverick, Criminal Defences and Pleas in Bar of Trial (2006) paras 8.10-8.13.
    • 29 See e.g. McCall Smith and Sheldon, Scots Criminal Law (n 9) 178-180.
    • 30 The quote is from the Law Commission's consideration of this question in respect of English law: Murder, Manslaughter and Infanticide (Law Com No 304, 2006) para 2.13.
    • 31 Under the Law Commission's proposals, this would be second degree murder: Murder, Manslaughter and Infanticide para 1.36.
    • 32 See the unreported case of Patrick McCarron (1964), noted in Gordon, Criminal Law (n 16) para 23.17.
    • 33 See S Wortley, “Law reform after World's End” (2008) 12 EdinLR 293.
    • 1 2002 SLT 466.
    • 2 For example, Cinci v HM Advocate 2004 JC 103 and McKearney v HM Advocate 2004 JC 87.
    • 3 Under s 3(1)(e) of the Law Commissions Act 1965. The reference to the Commission was made in June 2004.
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