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- Drury_v_HM_Advocate abstract "Drury v. Her Majesty's Advocate is a Scottish criminal case heard before a full bench (five judges) of the High Court of Justiciary sitting as the Court of Criminal Appeal. Stuart Drury had been convicted of killing his wife with a hammer on discovering her affair with another man. The original trial judge directed the jury that a finding of culpable homicide could only be made where the accused had not intended to kill and had not displayed enough wicked recklessness to convict of murder, and that a defence of provocation was only possible if the violence was proportionate to the provocation itself.In the Court of Criminal Appeal's judgement, the Lord Justice General, Lord Rodger, sought to clarify what he considered to be an incomplete standard definition of murder:This was a controversial opinion, as it made murder a more difficult charge to prove. Normally, when prosecuting, the Crown seeks to establish the appropriate actus reus, mens rea, and lack of any defences; however, Drury suggests that the mens rea of murder is “wicked recklessness”, where wicked means there is no defence. This means that, if a defence exists, there is no mens rea. The effect of this is that, if the accused successfully pleads provocation or diminished responsibility, his conviction is reduced from murder to culpable homicide.This conflicts with the principle that a defence may be based on a mistaken belief by the accused (e.g. the belief he was being attacked), but that the belief must be reasonable (Owens v HMA). Drury cannot be reconciled with this idea because holding an unreasonable belief may be “reckless” but it is not “wicked”.".
- Drury_v_HM_Advocate thumbnail Royal_Coat_of_Arms_of_the_United_Kingdom_(Scotland).svg?width=300.
- Drury_v_HM_Advocate wikiPageID "10445870".
- Drury_v_HM_Advocate wikiPageRevisionID "584345494".
- Drury_v_HM_Advocate citations "2001".
- Drury_v_HM_Advocate court High_Court_of_Justiciary.
- Drury_v_HM_Advocate dateDecided "2001-02-02".
- Drury_v_HM_Advocate hasPhotoCollection Drury_v_HM_Advocate.
- Drury_v_HM_Advocate imagesize "150".
- Drury_v_HM_Advocate judges "Lord Justice General Lord Rodger, Lords Cameron of Lochbroom, Johnston, Nimmo Smith and Mackay of Drumadoon".
- Drury_v_HM_Advocate name "Drury v HM Advocate".
- Drury_v_HM_Advocate subject Category:2001_in_Scotland.
- Drury_v_HM_Advocate subject Category:2001_in_case_law.
- Drury_v_HM_Advocate subject Category:Criminal_defenses.
- Drury_v_HM_Advocate subject Category:High_Court_of_Justiciary_cases.
- Drury_v_HM_Advocate subject Category:Murder_in_Scotland.
- Drury_v_HM_Advocate subject Category:Scottish_criminal_case_law.
- Drury_v_HM_Advocate comment "Drury v. Her Majesty's Advocate is a Scottish criminal case heard before a full bench (five judges) of the High Court of Justiciary sitting as the Court of Criminal Appeal. Stuart Drury had been convicted of killing his wife with a hammer on discovering her affair with another man.".
- Drury_v_HM_Advocate label "Drury v HM Advocate".
- Drury_v_HM_Advocate sameAs m.02qdc_p.
- Drury_v_HM_Advocate sameAs Q5309405.
- Drury_v_HM_Advocate sameAs Q5309405.
- Drury_v_HM_Advocate wasDerivedFrom Drury_v_HM_Advocate?oldid=584345494.
- Drury_v_HM_Advocate depiction Royal_Coat_of_Arms_of_the_United_Kingdom_(Scotland).svg.
- Drury_v_HM_Advocate isPrimaryTopicOf Drury_v_HM_Advocate.