APPEAL AGAINST CONVICTION BY BASHARAT KHAN [2020] ScotHC HCJAC_17 (18 March 2020)

APPEAL AGAINST CONVICTION BY BASHARAT KHAN [2020] ScotHC HCJAC_17 (18 March 2020)

The trial judge’s misdirection regarding adoption of prior statements was incorrect but operated in favour of the appellant. No miscarriage of justice occurred as the directions did not prejudice the appellant’s case.

Citation
[2020] ScotHC HCJAC_17
Parties
Appellant: Basharat Khan; Respondent: Her Majesty’s Advocate
Jurisdiction
Scotland
Judgment Date
18 March 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal refused
Legal Topics
Rape, Admissibility of Prior Statements, Jury Directions, Misdirection, Credibility of Witnesses
Criminal Law Rape Admissibility of Prior Statements Jury Directions Misdirection Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Basharat Khan

Appellant

Her Majesty’s Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding adoption of prior statements
  2. 2 Whether the misdirection resulted in a miscarriage of justice

Ratio Decidendi

The trial judge’s misdirection regarding adoption of prior statements was incorrect but operated in favour of the appellant. No miscarriage of justice occurred as the directions did not prejudice the appellant’s case.

Court Disposition

appeal refused