Duffy v HM Advocate

Solemn procedure – Sheriff's charge – Assault – Provocation. High Court of Justiciary: Allowing an appeal against conviction by an appellant who was convicted of assault to severe injury, the court, after holding that the lack of directions about provocation had resulted in a miscarriage of justice, substituted a conviction in identical terms but with the rider 'under provocation' and substituted for the extended sentence of 8 years imposed, a custodial sentence of 3 years, together with a one‑year supervised release order.

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