Brennan v HM Advocate: HCJ 12 May 1977

The defendant appealed against his conviction for murder after his special defence of insanity was rejected. The trial judge, in charging the jury withdrew the special defence from their consideration and directed them that the evidence of the appellant’s state of intoxication did not entitle them to return a verdict of culpable homicide. In the result the outcome of the trial was conviction of the appellant of murder.


Emslie LJG


1977 SLT 151, [1977] ScotHC HCJ – 1, 1977 JC 38,



Cited by:

CitedCardle v Mulrainey HCJ 1992
The defendant drank lager into which a third party had put amphetamine. He then tried to start vehicles belonging to others with the intention of taking them away. He also took some property from one of the vehicles. The sheriff acquitted him. The . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 19 July 2022; Ref: scu.272898