BOWES v PF GREENOCK [2014] ScotHC HCJAC_83 (24 July 2014)

BOWES v PF GREENOCK [2014] ScotHC HCJAC_83 (24 July 2014)

The complainer’s clear and unequivocal identification of the appellant as the assailant was sufficiently corroborated by circumstantial evidence, particularly voice identification, and the presence of only the appellant, complainer, her son, and a baby in the flat, with no suggestion that anyone else inflicted the...

Source-derived case information.

Citation
[2014] ScotHC HCJAC_83
Parties
Appellant: John Bowes; Respondent: Procurator Fiscal Greenock
Jurisdiction
Scotland
Judgment Date
24 July 2014
Procedural Posture
Criminal Appeal / Appeal by Stated Case
Outcome
appeal refused
Legal Topics
Identification, Corroboration, Assault
Criminal Law Identification Corroboration Assault

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Parties

John Bowes

Appellant

Procurator Fiscal Greenock

Respondent

Procedural Posture

Criminal Appeal / Appeal by Stated Case

Legal Issues

  1. 1 Whether the identification of the appellant as the assailant was sufficiently corroborated

Ratio Decidendi

The complainer’s clear and unequivocal identification of the appellant as the assailant was sufficiently corroborated by circumstantial evidence, particularly voice identification, and the presence of only the appellant, complainer, her son, and a baby in the flat, with no suggestion that anyone else inflicted the injury.

Court Disposition

appeal refused

Orders

  • questions 1, 2, and 3 answered in the affirmative