APPEAL AGAINST CONVICTION BY IA [2023] ScotHC HCJAC_24 (29 June 2023)
The trial judge's directions did not constitute misdirection. The directions properly left factual matters for the jury, contextualised the evidence of MS, and did not unfairly undermine the defence. The omission to mention MS's evidence about not seeing injuries was not material or required in the context of directing the jury on corroboration. The appeal was refused.
- Citation
- [2023] ScotHC HCJAC_24
- Parties
- Appellant: IA; Respondent: His Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 29 June 2023
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal refused
- Legal Topics
- Rape, Consent, Jury Directions, Corroboration, Misdirection
Case Brief
Summary, issues, holding and outcome
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Parties
IA
Appellant
His Majesty's Advocate
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge misdirected the jury regarding the evidence of a key witness (MS) and the issue of consent
- 2 Whether the trial judge failed to present evidence regarding bruising in a balanced manner, amounting to misdirection
Ratio Decidendi
The trial judge's directions did not constitute misdirection. The directions properly left factual matters for the jury, contextualised the evidence of MS, and did not unfairly undermine the defence. The omission to mention MS's evidence about not seeing injuries was not material or required in the context of directing the jury on corroboration. The appeal was refused.
Court Disposition
Appeal refused
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