C.J.N. v. HER MAJESTY'S ADVOCATE [2012] ScotHC HCJAC_149 (16 November 2012)
The trial judge's misdirections regarding the use of distress evidence and the treatment of mixed statements were materially inadequate, resulting in a miscarriage of justice. The conviction must be quashed.
- Citation
- [2012] ScotHC HCJAC_149
- Parties
- Appellant: CJN; Respondent: Her Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 16 November 2012
- Procedural Posture
- Appeal Against Conviction / Appeal
- Outcome
- Conviction quashed
- Legal Topics
- Rape, Corroboration, Jury Directions, Hearsay Evidence, Miscarriage of Justice
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 2 Party arguments 2
Parties
CJN
Appellant
Her Majesty's Advocate
Respondent
Procedural Posture
Appeal Against Conviction / Appeal
Legal Issues
- 1 Whether the trial judge's directions on distress evidence were adequate and correct
- 2 Whether the trial judge's directions on mixed hearsay statements were adequate and correct
Ratio Decidendi
The trial judge's misdirections regarding the use of distress evidence and the treatment of mixed statements were materially inadequate, resulting in a miscarriage of justice. The conviction must be quashed.
Court Disposition
Conviction quashed
Orders
- Conviction quashed due to material misdirections on distress evidence and mixed statements
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment