Cummings v. Her Majesty's Advocate [2009] ScotHC HCJAC_55 (02 June 2009)

Cummings v. Her Majesty's Advocate [2009] ScotHC HCJAC_55 (02 June 2009)

There was no misdirection in the trial judge's charge regarding reasonable doubt; forensic and preparatory decisions of counsel and solicitors did not fall below the standard required for an Anderson appeal; expert evidence and phone records would not have materially assisted the defence; evidence supported conviction for attempted fraud and fraud on art and part basis.

Citation
[2009] ScotHC HCJAC_55
Parties
Appellant: Mark Murdo Urquhart; Appellant: Andrew Cummings; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
02 June 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal refused
Legal Topics
Rape, Fraud, Misrepresentation, Defective Representation, Anderson Grounds, Standard of Proof, Corroboration
Criminal Law Rape Fraud Misrepresentation Defective Representation Anderson Grounds Standard of Proof Corroboration

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Parties

Mark Murdo Urquhart

Appellant

Andrew Cummings

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether trial judge misdirected jury on standard of proof and reasonable doubt
  2. 2 Whether defective representation (Anderson grounds) resulted in miscarriage of justice
  3. 3 Whether failure to obtain expert evidence and phone records prejudiced defence

Ratio Decidendi

There was no misdirection in the trial judge's charge regarding reasonable doubt; forensic and preparatory decisions of counsel and solicitors did not fall below the standard required for an Anderson appeal; expert evidence and phone records would not have materially assisted the defence; evidence supported conviction for attempted fraud and fraud on art and part basis.

Court Disposition

Appeal refused

Orders

  • Original ground of appeal refused
  • All Anderson grounds refused