Duncan v HM Advocate

Solemn procedure – Attempted murder – Provocation – Judge's charge. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was convicted, along with two male co-accused, of attempted murder, the court held that where the appellant had not given evidence that she had been provoked and her defence was that the evidence was insufficiently credible and reliable to demonstrate that she had been involved in the assault at all, the trial judge had not been obliged to direct the jury on provocation: had he given the direction it would have had to have proceeded on a hypothesis that the appellant had participated in the attack; such a direction would have had the potential to undermine the defence position as put to the jury, and it certainly did not require to be given as a matter of fairness.

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