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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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in a situation where an individual has who is accused of murder

Customer Question

in a situation where an individual has who is accused of murder admits to being present at the scene but denies any involvement of the crime, and is seen by three eye witnesses to be running away from the scene, what does the court do? the issue of identification is not at dispute here but can you infer guilt?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Art and part guilt is what would have to be proved, that the accused was "part of the mob".
If the evidence was that the accused actively took steps to disassociate himself from the crime and those involved then he would be acquitted. Mere presence doesn't infer guilt.
I hope this helps. Please leave a positive response so that I am credited for my time.