Moira C MacKenzie

Since calling to the bar in 1999 Moira has built up a busy junior practice with particular emphasis on work in the appeal court. Moira enjoys first instance work successfully leading her own cases in both the Sheriff Court and the High Court. She is regularly instructed in the Appeal Court being led in a number of high profile conviction appeals as well as leading her own sentence and conviction appeals. Moira is one of the few junior counsel to have appeared before the Judicial Committee of the Privy Council and the UK Supreme Court.

Selected Cases

McDonald [Dixon] 2008 S.C.C.R. 954 – review of the law of disclosure in Scotland by the Judical Committee of the Privy Council

McInnes v HMA 2008 S.C.C.R. 869 – devolution issue reference to the Supreme Court to be heard in December 2009 to consider the appropriate test for disclosure in Scotland.

McCreight v HMA [2009] HCJAC 69 – successful appeal against conviction for murder in which appellant alleged to have poisoned his wife with chloroform.

Beggs v HMA (2012 J.C. 173) – murder appeal and issue of delay

Gill v Thomson (2012) J.C. 137 – sentencing guidelines for benefit fraud

M v HMA (2012 S.C. (UKSC) 53) – Post-Cadder, right to legal advice before interview.

McCarron v HMA (2012 HCJAC 16) – murder and fresh evidence appeal

McGrory v HMA (2013 SCCR 113) – murder conviction appeal

Duncan v The Scottish Ministers (2014 S.L.T. 531) – Article 5, arbitrary detention.