White v. Her Majesty's Advocate [2009] ScotHC HCJAC_72 (18 August 2009)

White v. Her Majesty's Advocate [2009] ScotHC HCJAC_72 (18 August 2009)

The court found that there was ample corroboration of the complainer's evidence, the sheriff's directions were adequate, and the fresh evidence was not credible or reliable enough to meet the statutory test for miscarriage of justice. The appeal was refused.

Source-derived case information.

Citation
[2009] ScotHC HCJAC_72
Parties
Appellant: Derek White; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
18 August 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal refused
Legal Topics
Assault, Corroboration, Fresh Evidence, Miscarriage of Justice, Jury Directions
Criminal Law Assault Corroboration Fresh Evidence Miscarriage of Justice Jury Directions

Source-derived case record

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Parties

Derek White

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient corroboration of the complainer's evidence to support conviction
  2. 2 Whether the sheriff misdirected the jury regarding corroboration and the connection between incidents
  3. 3 Whether fresh evidence from a new witness (Andrew Duncan) justifies setting aside the conviction as a miscarriage of justice

Ratio Decidendi

The court found that there was ample corroboration of the complainer's evidence, the sheriff's directions were adequate, and the fresh evidence was not credible or reliable enough to meet the statutory test for miscarriage of justice. The appeal was refused.

Court Disposition

Appeal refused

Orders

  • Conviction upheld
  • No miscarriage of justice found