The court considered whether the criminal complaint that the defendants had been part of a conspiracy to set a bomb aboard an airliner which exploded over Scotland, was justiciable in Scotland. Lord Sutherland: ‘Where however, a crime of the utmost gravity has been in fact committed in a particular country and it can be shown that that crime is the culmination of a long drawn out and complex conspiracy, it appears to me quite illogical to say that that country has no interest in putting the conspirators on trial for their part in what has happened, even though their activities were all carried out abroad. Defence counsel recognise that this is undoubtedly so in relation to the charge of murder in Scotland. I see no logical reason why the same principle should not apply to the charge of conspiring to commit the final criminal act, which is alleged to be the culmination and the whole purpose of the conspiracy.’
Judges:
Lord Sutherland
Citations:
[1999] ScotHC 248
Links:
Jurisdiction:
Scotland
Citing:
See Also – Pet and Complaint of Abdelbasset Ali Mohamed Al Megrahi and Al Amin Khalifa Fhima v Times Newspapers Ltd and John Witherow and Nicholas Rufford HCJ 10-Aug-1999
. .
Cited – Director of Public Prosecutions v Doot HL 1973
The defendants were charged with conspiracy to import dangerous drugs into the United Kingdom. Their counsel submitted that they could not be tried in England since the conspiracy had been formed abroad.
Held: There could be no breach of any . .
Cited – Somchai Liangsiriprasert v Government of the United States of America PC 1991
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong . .
Cited by:
Cited – Office of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Ali Amin Khalifa Fhimah, Prisoners In the Prison of Zeist, Camp Zeist (Kamp Van Zeist), the Netherlands HCJ 10-Oct-2000
. .
See Also – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 29-Jun-2001
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 7-Mar-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 15-Oct-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Nov-2008
. .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah HCJ 31-Jan-2001
. .
Lists of cited by and citing cases may be incomplete.
Scotland, Crime
Updated: 06 June 2022; Ref: scu.170756
