JOHN PATERSON v. HER MAJESTY'S ADVOCATE [1999] ScotHC 181 (8th July, 1999)
The court held that there was sufficient evidence for the jury to convict based on the Moorov principle, that any misdirection by the trial judge regarding the accused's silence and the use of distress as corroboration did not result in a miscarriage of justice, and that the directions given, though not ideal, were not fatally deficient.
- Citation
- [1999] ScotHC 181
- Parties
- Appellant: John Paterson; Respondent: Her Majesty's Advocate
- Jurisdiction
- Scotland
- Procedural Posture
- Appeal Against Conviction and Sentence / Judgment on Appeal
- Outcome
- Appeal against conviction refused
- Legal Topics
- Rape, Corroboration, Moorov Principle, Misuse of Drugs, Jury Directions, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
John Paterson
Appellant
Her Majesty's Advocate
Respondent
Procedural Posture
Appeal Against Conviction and Sentence / Judgment on Appeal
Legal Issues
- 1 Whether there was sufficient corroboration under the Moorov principle for the rape charges
- 2 Whether the trial judge misdirected the jury regarding the burden of proof, the accused's silence, and the use of distress as corroboration
- 3 Whether any misdirection resulted in a miscarriage of justice
Ratio Decidendi
The court held that there was sufficient evidence for the jury to convict based on the Moorov principle, that any misdirection by the trial judge regarding the accused's silence and the use of distress as corroboration did not result in a miscarriage of justice, and that the directions given, though not ideal, were not fatally deficient.
Court Disposition
Appeal against conviction refused
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