McDonagh v. Her Majesty's Advocate [2002] ScotHC 6 (15 February 2002)

McDonagh v. Her Majesty's Advocate [2002] ScotHC 6 (15 February 2002)

The trial judge's directions, when read in context, made it clear that the jury could only use distress as corroboration if they rejected the alternative explanation and accepted it was caused by the rape. The jury was also properly instructed to consider each charge separately. There was no misdirection.

Citation
[2002] ScotHC 6
Parties
Appellant: David Michael McDonagh; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
15 February 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal against conviction refused; appeal against sentence remains to be argued
Legal Topics
Rape, Corroboration, Jury Directions, Distress Evidence
Criminal Law Rape Corroboration Jury Directions Distress Evidence

Case Brief

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Parties

David Michael McDonagh

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the use of distress as corroboration in a rape case
  2. 2 Whether the trial judge failed to direct the jury to consider the cases against the two accused separately

Ratio Decidendi

The trial judge's directions, when read in context, made it clear that the jury could only use distress as corroboration if they rejected the alternative explanation and accepted it was caused by the rape. The jury was also properly instructed to consider each charge separately. There was no misdirection.

Court Disposition

appeal against conviction refused; appeal against sentence remains to be argued