CaseCheck - Scottish Courts Case Reports from the Court of Session and Sheriff Courts Scotland; Employment Tribunal Reports, Case Reports archive - Hugh Guthrie McCormack v. Her Majestys Advocate

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Hugh Guthrie McCormack v. Her Majestys Advocate


Location: Case Types SCCR Referrals
Posted by: Euan Dow	30/03/2005 21:00
In 1992 the appellant was convicted of murdering his wife. He then appealed on a number of grounds one of which was that he had additional evidence tending to exculpate him of murder which was not available at the time of the trial and which could not reasonably have been made available at the trial.The appeal court refused the appeal. In relation to the fresh evidence ground it decided that the evidence tendered could not be considered to be additional vidence.The Commission is of the view that the changes in the criteria in a fresh evidence appeal that were made by section 17 of the Crime and Punishment (Scotland) Act 1997 which amended section 106 of the Criminal Procedure (Scotland) Act 1995 enable the appeal court to take a more flexible approach to the proposed new evidence.
Court: Court Of Session
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