Practice and Procedure

(1) JAMES LOWRIE (2) WILLIAM McDOUGALL McDONALD (3) MUSHTAQ AHMED v HM ADVOCATE (2009)

PUBLISHED August 28, 2009
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[2009] HCJAC 71

It was possible to convict an accused of the removal of criminal property from Scotland on an art and part basis where the effect of the Criminal Procedure (Scotland) Act 1995 s.293 was to apply the law of concert to statutory offences unless this was specifically excluded, and there was a clear sufficiency of evidence from which the jury could infer that the accused knew or suspected that general criminal conduct was the source of property, at least some of which had emanated from Scotland.

HCJ (Lord Eassie, Lady Paton, Lord Hardie)

28/08/2009

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