Ross v H.M. Advocate
Encyclopedia
HM Advocate v Ross was a 1991 Scots criminal law
case decided by the High Court of Justiciary
. The defendant had been charged with violently attacking others in a public house
, but was allowed to go free on the premise that he was in a state of non-self-induced automatism
. Others in the bar had slipped LSD
and other drugs into his beer
without him knowing, and there was only a small amount of alcohol he had been drinking so he was not responsible for his intoxication which led to the violent actions.
This case set a key precedent in Scots law for automatism, namely that since this case, if someone has been under the effect of drugs that they themselves did not voluntarily know they were taking or were under the influence of and commit a violent act, it may be a defence for them in court if they can prove or give evidence that their intoxication was not self-induced.
Later cases suggested that the Scottish precedent established in Ross would be followed in England as well.
Scots criminal law
Scots Criminal Law governs the rules of criminal law in Scotland. Scottish criminal law relies far more heavily on common law than in England and Wales...
case decided by the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
. The defendant had been charged with violently attacking others in a public house
Public house
A public house, informally known as a pub, is a drinking establishment fundamental to the culture of Britain, Ireland, Australia and New Zealand. There are approximately 53,500 public houses in the United Kingdom. This number has been declining every year, so that nearly half of the smaller...
, but was allowed to go free on the premise that he was in a state of non-self-induced automatism
Automatism
Automatism may refer to:*Automatic behavior, spontaneous verbal or motor behavior; an act performed unconsciously. Defendants have been found not guilty due to an automatism defense ....
. Others in the bar had slipped LSD
LSD
Lysergic acid diethylamide, abbreviated LSD or LSD-25, also known as lysergide and colloquially as acid, is a semisynthetic psychedelic drug of the ergoline family, well known for its psychological effects which can include altered thinking processes, closed and open eye visuals, synaesthesia, an...
and other drugs into his beer
Beer
Beer is the world's most widely consumed andprobably oldest alcoholic beverage; it is the third most popular drink overall, after water and tea. It is produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains, most commonly malted barley and malted wheat...
without him knowing, and there was only a small amount of alcohol he had been drinking so he was not responsible for his intoxication which led to the violent actions.
This case set a key precedent in Scots law for automatism, namely that since this case, if someone has been under the effect of drugs that they themselves did not voluntarily know they were taking or were under the influence of and commit a violent act, it may be a defence for them in court if they can prove or give evidence that their intoxication was not self-induced.
Later cases suggested that the Scottish precedent established in Ross would be followed in England as well.
External links
- Full text of opinion from BAILII