Copolo and another v HM Advocate

Solemn procedure – Provocation – Judge's charge. High Court of Justiciary: In appeals against conviction by two appellants, the first appellant having been convicted of attempted murder and the second appellant of assault to severe injury on the basis that she was acting in concert with first appellant, the court held that in respect of the first appellant the trial judge had misdirected the jury by failing to give directions on the issue of provocation and that the misdirection did constitute a miscarriage of justice; however in respect of the second appellant it rejected a contention that in light of the verdict returned the jury had clearly failed to follow the trial judge's directions and had returned a verdict they were not entitled to return.

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