Stewart v H M Advocate: HCJ 1980

The court re-affirmed the general rule of practice, that where the Crown sets out to prove that a particular person is the perpetrator of a crime the identification of the accused as its perpetrator must not be left to implication.

Judges:

Lord Justice General Emslie

Citations:

1980 SLT 245

Cited by:

CitedHolland v Her Majesty’s Advocate (Devolution) PC 11-May-2005
The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure.
Held: The combination of several failings meant that the defendant . .
Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Practice

Updated: 30 April 2022; Ref: scu.225520