H McA v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_41 (16 April 2014)

H McA v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_41 (16 April 2014)

The evidence was capable of indicating a course of conduct systematically pursued by the accused against young female family members, with sufficient similarities in circumstances to provide mutual corroboration. The trial judge was correct to repel the no case to answer submission.

Citation
[2014] ScotHC HCJAC_41
Parties
Appellant: H McA; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
16 April 2014
Procedural Posture
Appeal Against Conviction and Sentence / Judgment on Appeal
Outcome
appeal refused
Legal Topics
Rape, Lewd and Libidinous Practices, Corroboration, Mutual Corroboration, Sexual Offences
Criminal Law Rape Lewd and Libidinous Practices Corroboration Mutual Corroboration Sexual Offences

Case Brief

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Parties

H McA

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Appeal Against Conviction and Sentence / Judgment on Appeal

Legal Issues

  1. 1 Whether the evidence of complainers in lewd practices charges could corroborate the complainer in the rape charge
  2. 2 Whether differences in the nature of the crimes and temporal gaps precluded mutual corroboration

Ratio Decidendi

The evidence was capable of indicating a course of conduct systematically pursued by the accused against young female family members, with sufficient similarities in circumstances to provide mutual corroboration. The trial judge was correct to repel the no case to answer submission.

Court Disposition

appeal refused