GEORGE LEES IRVINE v. HER MAJESTY'S ADVOCATE

The appellant is George Lees Irvine who went to trial in Glasgow Sheriff Court on an indictment containing a charge of assault to severe injury and the danger of life. He was found guilty of that charge and sentenced to two years imprisonment. He now appeals against conviction.

The grounds of appeal originally lodged on behalf of the appellant were in the following terms:

"The Learned Sheriff further failed to specifically direct the jury that if they believed the statements by the appellant that he was acting in self defence or that evidence created a reasonable doubt in their minds as to the guilt of the accused, they must acquit. In the circumstances here where there was special defence such a direction was material and in the absence of same there was a miscarriage of justice."

"Now, the defence position as I understand it is that Mr. Duncan pulled out a knife on Mr. Irvine as a result of which Mr. Irvine resorted to the use of violence, one stab with the knife he'd been carrying in his pocket. Now, obviously, ladies and gentlemen, you will need to decide whether Mr. Irvine had reason to perceive himself to be in imminent danger, whether he could have got away without resorting to the use of a weapon, and whether the force he used against Mr. Duncan was reasonable in the circumstances. These are all questions for you."

On the whole matter we shall sustain the appeal, set aside the verdict of the jury and quash the conviction of the appellant.