Smart v HM Advocate
Scottish law case / From Wikipedia, the free encyclopedia
Smart v Her Majesty's Advocate is a Scots law case that effectively excludes the common law doctrine of Volenti non fit injuria from Scots criminal law, when concerning assault.
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Quick Facts Smart v HM Advocate, Court ...
Smart v HM Advocate | |
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Court | High Court of Justiciary |
Decided | 24 January 1975 |
Citation(s) | 1975 JC 30, 1975 SLT 65 |
Court membership | |
Judge(s) sitting | Lord Justice Clerk Lord Wheatley, Lord Leechman, Lord Thomson |
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The case saw the accused, William Smart, who was charged with assault, lodging the defence that his victim Issac Wilkie has consented to a "square go". Therefore Smart could not be charged with assaulting Wilkie or any injuries arising from the fight.