McMultan v HM Advocate [2016] ScotHC HCJAC_89 (06 October 2016)
The court held that the identification in court was not a 'dock identification' in the traditional sense, and the defence failed to pursue available procedural remedies. The strength of other identification evidence precluded any miscarriage of justice.
- Citation
- [2016] ScotHC HCJAC_89
- Parties
- Appellant: Christopher McMultan; Respondent: Her Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 06 October 2016
- Procedural Posture
- Appeal Against Conviction / Judgment on Appeal
- Outcome
- appeal refused
- Legal Topics
- Identification Evidence, Dock Identification, Fair Trial, Miscarriage of Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Christopher McMultan
Appellant
Her Majesty's Advocate
Respondent
Procedural Posture
Appeal Against Conviction / Judgment on Appeal
Legal Issues
- 1 Whether the admission of in-court identification amounted to a miscarriage of justice
- 2 Whether the trial judge erred in allowing identification evidence after excluding evidence of an informal identity parade
Ratio Decidendi
The court held that the identification in court was not a 'dock identification' in the traditional sense, and the defence failed to pursue available procedural remedies. The strength of other identification evidence precluded any miscarriage of justice.
Court Disposition
appeal refused
Full Case Text
Judgment text and source record
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