HER MAJESTY'S ADVOCATE v. DARREN SMALL [2014] ScotSC 6 (24 February 2014)

HER MAJESTY'S ADVOCATE v. DARREN SMALL [2014] ScotSC 6 (24 February 2014)

The passage in HMA v Morton relied on by the accused is not the ratio decidendi but obiter dicta; there is no binding authority restricting the admissibility of de recenti statements to sexual assault cases.

Citation
[2014] ScotSC 6
Parties
Prosecutor: Her Majesty's Advocate; Accused: Darren Small
Jurisdiction
Scotland
Judgment Date
24 February 2014
Procedural Posture
Criminal / Preliminary Hearing (first Diet)
Outcome
defence submission repelled; Minute refused
Legal Topics
Hearsay, Admissibility of Evidence, De Recenti Statements, Res Gestae, Corroboration
Criminal Law Evidence Hearsay Admissibility of Evidence De Recenti Statements Res Gestae Corroboration

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Parties

Her Majesty's Advocate

Prosecutor

Darren Small

Accused

Procedural Posture

Criminal / Preliminary Hearing (first Diet)

Legal Issues

  1. 1 Whether de recenti statements are admissible only in cases of sexual assault or in a broader class of cases
  2. 2 Whether the passage in HMA v Morton (1938) SC 51 is ratio decidendi or obiter dicta

Ratio Decidendi

The passage in HMA v Morton relied on by the accused is not the ratio decidendi but obiter dicta; there is no binding authority restricting the admissibility of de recenti statements to sexual assault cases.

Court Disposition

defence submission repelled; Minute refused

Orders

  • The objection to admissibility of de recenti evidence is refused.