barrie_hmAHCJ200205
The five appellants challenged convictions variously of murder and assault. They had together agreed to undertake a violent robbery of the victim. One of them took and used a knife causing the victim’s death.
Held: Barrie’s conviction was overturned, since the judge had given insufficient direction as to the defence of self defence as it applied to defending another. Other convictions were based upon concert. The law here was unsatisfactory, and required reference to a larger court for clarification.
Lord Coulsfield, Lord Hamilton, Lord McCluskey
[2002] ScotHC 64, [2002] ScotHC 64, 2002 GWD 17-557, 2002 SLT 1053
Bailii, Bailii
Scotland, Crime
Leading Case
Updated: 01 November 2021; Ref: scu.181690
