CJLS v. Her Majesty's Advocate [2009] ScotHC HCJAC_57 (18 June 2009)

CJLS v. Her Majesty's Advocate [2009] ScotHC HCJAC_57 (18 June 2009)

There was no evidence, apart from that of the complainer, capable of corroborating her evidence from which the inference of mens rea could be drawn. The submission of no case to answer should have been sustained, and the conviction amounted to a miscarriage of justice.

Citation
[2009] ScotHC HCJAC_57
Parties
Appellant: CJLS; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
18 June 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Rape, Corroboration, Mens Rea, Misdirection, Evidence
Criminal Law Rape Corroboration Mens Rea Misdirection Evidence

Case Brief

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Parties

CJLS

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient corroboration of the appellant's mens rea for rape
  2. 2 Whether the trial judge erred in repelling the submission of no case to answer under Section 97 of the Criminal Procedure (Scotland) Act 1995
  3. 3 Whether the trial judge misdirected the jury regarding corroboration

Ratio Decidendi

There was no evidence, apart from that of the complainer, capable of corroborating her evidence from which the inference of mens rea could be drawn. The submission of no case to answer should have been sustained, and the conviction amounted to a miscarriage of justice.

Court Disposition

conviction quashed

Orders

  • appeal allowed
  • conviction quashed