Brown v HM Advocate [2014] ScotHC HCJAC_120 (30 October 2014)

Brown v HM Advocate [2014] ScotHC HCJAC_120 (30 October 2014)

The sheriff's directions on identification and corroboration were correct. The jury was entitled to accept the part of Ms McA's evidence that the man she saw resembled the appellant, while rejecting her exculpatory statements. This approach provided a lawful basis for corroboration of the primary identification evidence, and no miscarriage of justice occurred.

Citation
[2014] ScotHC HCJAC_120
Parties
Appellant: Jason Brown; Respondent: Her Majesty’s Advocate
Jurisdiction
Scotland
Judgment Date
30 October 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal refused
Legal Topics
Identification Evidence, Corroboration, Jury Directions, Miscarriage of Justice
Criminal Law Identification Evidence Corroboration Jury Directions Miscarriage of Justice

Case Brief

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Parties

Jason Brown

Appellant

Her Majesty’s Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the sheriff erred in directing the jury that part of a witness's evidence could be used as corroboration despite other parts being exculpatory
  2. 2 Whether a miscarriage of justice occurred due to the directions on corroboration

Ratio Decidendi

The sheriff's directions on identification and corroboration were correct. The jury was entitled to accept the part of Ms McA's evidence that the man she saw resembled the appellant, while rejecting her exculpatory statements. This approach provided a lawful basis for corroboration of the primary identification evidence, and no miscarriage of justice occurred.

Court Disposition

appeal refused

Orders

  • conviction upheld