Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission [2012] ScotHC HCJAC_122 (15 August 2012)

Court allowed both proposed additional grounds of appeal to be received, finding it in the interests of justice to reconsider corroboration and Cadder issues.

Citation: [2012] ScotHC HCJAC_122
Parties: Appellant: Mark Chamberlain-Davidson; Referrer: Scottish Criminal Cases Review Commission; Respondent: Crown
Jurisdiction: Scotland
Judgment Date: 15 August 2012
Procedural Posture: Criminal Appeal / Motion to Lodge Additional Grounds of Appeal
Outcome: motion allowed
Legal Topics: Corroboration, Intent to Rape, Cadder Decision, Finality of Conviction

Criminal Law Criminal Procedure Corroboration Intent to Rape Cadder Decision Finality of Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Mark Chamberlain-Davidson

Appellant

Scottish Criminal Cases Review Commission

Referrer

Crown

Respondent

Procedural Posture

Criminal Appeal / Motion to Lodge Additional Grounds of Appeal

Legal Issues

1 Whether intent to rape must be proved by corroborated evidence
2 Whether Cadder grounds are available to appellants whose convictions became final before Cadder decision

Ratio Decidendi

Court allowed both proposed additional grounds of appeal to be received, finding it in the interests of justice to reconsider corroboration and Cadder issues.

Court Disposition

motion allowed

Orders

Both proposed additional grounds of appeal to be received
Procedural hearing to be fixed