ARRON SOUTER AKA SMART v. PROCURATOR FISCAL, PERTH [1999] ScotHC 142 (4th June, 1999)

ARRON SOUTER AKA SMART v. PROCURATOR FISCAL, PERTH [1999] ScotHC 142 (4th June, 1999)

The assaults were so closely connected in character, circumstances, and time as to constitute a single course of criminal conduct, justifying application of the Moorov doctrine and providing sufficient corroboration for both assault convictions.

Citation
[1999] ScotHC 142
Parties
Appellant: Arron Souter a.k.a. Smart; Respondent: Procurator Fiscal, Perth
Jurisdiction
Scotland
Procedural Posture
Criminal Appeal (stated Case) / Appeal Against Conviction
Outcome
appeal refused; convictions affirmed
Legal Topics
Assault, Breach of the Peace, Corroboration, Moorov Doctrine, Self Defence
Criminal Law Assault Breach of the Peace Corroboration Moorov Doctrine Self Defence

Case Brief

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Parties

Arron Souter a.k.a. Smart

Appellant

Procurator Fiscal, Perth

Respondent

Procedural Posture

Criminal Appeal (stated Case) / Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient evidence to convict the appellant of two charges of assault
  2. 2 Whether the Moorov doctrine applied to provide corroboration for the second assault charge
  3. 3 Whether discrepancies in witness evidence undermined the convictions

Ratio Decidendi

The assaults were so closely connected in character, circumstances, and time as to constitute a single course of criminal conduct, justifying application of the Moorov doctrine and providing sufficient corroboration for both assault convictions.

Court Disposition

appeal refused; convictions affirmed

Orders

  • All three questions in the stated case answered in the affirmative
  • Appeal refused