Case details
Decided Cases will be published after Judgments are handed down.
For Judgments handed down before 31 July 2009 please refer to the House of Lords website.
| General | |
|---|---|
| CaseID | UKSC 2009/0128 |
| Case name | McInnes (Appellant) v Her Majesty's Advocate (Respondent) (Scotland) |
| Case stage | Awaiting Judgment |
| Date of issue | 13 Mar 2009 |
| Expedition requested | Not Applied For |
| Order being appealed - Date | 26 Sep 2008 |
| Order being appealed - Court | Other |
| Devolution | Yes |
| Human Rights raised | No |
| Human Rights raised - details | |
| Intervener | Yes |
| Case Summary |
|---|
|
On appeal from the High Court of Justiciary (Scotland)IssuesWhether the High Court of Justiciary ("HCJ") erred in law by holding that a 'real risk of prejudice' must be established, as opposed to the mere possibility of prejudice per Holland v HMA, 2005 1 SC (PC) 1 (Lord Rodger at para 88), in order for a trial to be rendered unfair contrary to Article 6 ECHR.FactsThe Appellant was convicted of attempted murder and sentenced to eight years imprisonment. A prosecution witness gave evidence identifying the Appellant as the person who initiated a group attack on the victim by kicking him to the ground. The Prosecution did not disclose that at an identification parade the witness had stated that one of the other accused and an actor participating in the parade ‘might’ have been the person whom he saw initiate the attack on the victim.
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| Permission to appeal | |
|---|---|
| Date supporting documents received | |
| Date PTA application referred to justices | |
| Date of oral hearing | |
| Permission granted/refused | |
| Notice of intention to proceed filed | No |
| Parties | |
|---|---|
| Appellant name | Paul McInnes |
| Appellant case due date | 30 Oct 2009 |
| Appellant case date filed | 09 Nov 2009 |
| Respondent name | The Lord Advocate |
| Date form 3 filed | 20 Mar 2009 |
| Date form 3 issued | |
| Respondent case due date | |
| Respondent case date filed | |
| Respondent name | The Advocate General |
| Date form 3 filed | 17 Mar 2009 |
| Date form 3 issued | |
| Respondent case due date | |
| Respondent case date filed | |
| Intervener - names | The Advcate General |
| Appeal | |
|---|---|
| Justices allocated | Yes |
| Justices allocated - names | Lord Hope of Craighead Lord Rodger of Earlsferry Lord Walker of Gestingthorpe Lord Brown of Eaton-Under-Heywood Lord Kerr of Tonaghmore |
| PTA granted by court below | No |
| Statement of facts & issues and Appendix due date | 12 Oct 2009 |
| Statement of facts & issues and Appendix date filed | |
| Time estimate | |
| Time estimate received | |
| Time estimate number of days | 3 days |
| Hearing date | 08 Dec 2009 |
| Other hearing location | |
| Core volumes due date | |
| Core volumes date filed | 25 Nov 2009 |
| Authorities due date | |
| Authorities date filed | 25 Nov 2009 |
| Hand down date | |