APPEAL AGAINST CONVICTION BY EM AGAINST HMA [2024] ScotHC HCJAC_9 (22 February 2024)
There was no misdirection by the trial judge regarding the use of the communications between the complainer and KP. The jury was made aware that only distress evidence could corroborate lack of consent. The absence of a specific direction did not amount to a miscarriage of justice.
- Citation
- [2024] ScotHC HCJAC_9
- Parties
- Appellant: EM; Respondent: His Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 22 February 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Corroboration, Jury Directions, Consent
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
EM
Appellant
His Majesty's Advocate
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred by failing to direct the jury specifically on the use of communications between the complainer and KP as corroboration of lack of consent
- 2 Whether such failure resulted in a miscarriage of justice
Ratio Decidendi
There was no misdirection by the trial judge regarding the use of the communications between the complainer and KP. The jury was made aware that only distress evidence could corroborate lack of consent. The absence of a specific direction did not amount to a miscarriage of justice.
Court Disposition
Appeal dismissed
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