Muir v HM Advocate: 1933

The jury in a murder trial had not been directed on the possible verdict of culpable homicide on the ground of diminished responsibility.
Held: The defendant’s appeal was allowed. Lord Sands said: ‘A brutal crime had been committed, and a measure of mental weakness might have been regarded from quite a different angle if the jury were aware that its affirmance did not involve complete acquittal.’


Lord Sands


1933 JC 46



Cited by:

CitedRegina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 May 2022; Ref: scu.243356