Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission [2012] ScotHC HCJAC_120 (25 April 2012)

Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission [2012] ScotHC HCJAC_120 (25 April 2012)

The Commission's decision to refer the case on misdirection grounds was reasonable and responsible under the statutory test; the court found no reason to interfere and declined to reject the reference.

Citation
[2012] ScotHC HCJAC_120
Parties
Appellant: Mark Chamberlain-Davidson; Referrer: Scottish Criminal Cases Review Commission; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
25 April 2012
Procedural Posture
Criminal Appeal (reference) / Preliminary Consideration of Reference and Additional Grounds
Outcome
Reference not rejected; case continued for sheriff's report on additional grounds.
Legal Topics
Misdirection, Corroboration, Admissibility of Evidence, Finality of Convictions, Sexual Offences, Appeal Procedure
Criminal Law Criminal Procedure Misdirection Corroboration Admissibility of Evidence Finality of Convictions Sexual Offences Appeal Procedure

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Parties

Mark Chamberlain-Davidson

Appellant

Scottish Criminal Cases Review Commission

Referrer

Crown

Respondent

Procedural Posture

Criminal Appeal (reference) / Preliminary Consideration of Reference and Additional Grounds

Legal Issues

  1. 1 Whether the sheriff's misdirections amounted to a miscarriage of justice
  2. 2 Whether intent to rape requires corroborated evidence
  3. 3 Whether the police interview evidence was improperly admitted post-Cadder

Ratio Decidendi

The Commission's decision to refer the case on misdirection grounds was reasonable and responsible under the statutory test; the court found no reason to interfere and declined to reject the reference.

Court Disposition

Reference not rejected; case continued for sheriff's report on additional grounds.

Orders

  • Decline to reject the reference
  • Continue case for sheriff's report on proposed additional grounds of appeal