Yule v. Her Majesty;s Advocate [2009] ScotHC HCJAC_53 (26 May 2009)
There was sufficient evidence, including corroboration of lack of consent and mens rea, for the jury to convict the appellant of rape; the jury was entitled to accept the complainer's evidence and the verdict was not unreasonable.
- Citation
- [2009] ScotHC HCJAC_53
- Parties
- Appellant: John Yule; Respondent: Her Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 26 May 2009
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal refused
- Legal Topics
- Rape, Sexual Offences, Corroboration, Consent, Mens Rea, Jury Directions
Case Brief
Summary, issues, holding and outcome
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Parties
John Yule
Appellant
Her Majesty's Advocate
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether there was sufficient evidence to entitle the jury to convict the appellant of rape
- 2 Whether there was sufficient corroborative evidence of lack of consent and mens rea
- 3 Whether the trial judge misdirected the jury regarding sufficiency of evidence
Ratio Decidendi
There was sufficient evidence, including corroboration of lack of consent and mens rea, for the jury to convict the appellant of rape; the jury was entitled to accept the complainer's evidence and the verdict was not unreasonable.
Court Disposition
appeal refused
Full Case Text
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