Her Majesty's Advocate v. T Mck, Mjc And Ja Mck [2007] ScotHC HCJ_17 (22 August 2007)

There is sufficient corroboration for charge (1) against T. McK., both in isolation and via the Moorov doctrine, so the motion to separate charges is refused.

Parties: Prosecutor: Her Majesty's Advocate; First Accused / Minuter: T. McK.; Second Accused: M. J. C.; Third Accused: J. A. McK.
Jurisdiction: Scotland
Judgment Date: 22 August 2007
Procedural Posture: Criminal / Continued Preliminary Hearing
Outcome: motion to separate charges refused
Legal Topics: Corroboration, Mutual Corroboration, Separation of Charges, Prejudice, Oppression, Robbery, Assault, Attempted Murder

Criminal Law Corroboration Mutual Corroboration Separation of Charges Prejudice Oppression Robbery Assault +1 more

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Parties

Her Majesty's Advocate

Prosecutor

T. McK.

First Accused / Minuter

M. J. C.

Second Accused

J. A. McK.

Third Accused

Procedural Posture

Criminal / Continued Preliminary Hearing

Legal Issues

1 Whether charges (1) and (3) should be separated due to alleged lack of corroboration for charge (1) against T. McK.
2 Whether the doctrine of mutual corroboration applies between charges (1) and (3).

Ratio Decidendi

There is sufficient corroboration for charge (1) against T. McK., both in isolation and via the Moorov doctrine, so the motion to separate charges is refused.

Court Disposition

motion to separate charges refused

Orders

charges (1) and (3) to be tried together