MICHAEL JOHN ANTHONY v. PROCURATOR FISCAL, EDINBURGH [2000] ScotHC 26 (28th February, 2000)

MICHAEL JOHN ANTHONY v. PROCURATOR FISCAL, EDINBURGH [2000] ScotHC 26 (28th February, 2000)

The sheriff was entitled to accept the complainer's evidence as credible and reliable, and there was ample corroboration through her distress and injury. The sheriff's approach to corroboration was consistent with the law as set out in Fox v. H.M. Advocate. The fresh evidence was either inadmissible or immaterial. No miscarriage of justice was demonstrated.

Citation
[2000] ScotHC 26
Parties
Appellant: Michael John Anthony; Respondent: Procurator Fiscal, Edinburgh
Jurisdiction
Scotland
Procedural Posture
Criminal Appeal (stated Case) / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction refused; hearing continued for determination of appeal against sentence.
Legal Topics
Assault, Corroboration, Fresh Evidence, Credibility of Witnesses, Miscarriage of Justice, Presumption of Innocence
Criminal Law Assault Corroboration Fresh Evidence Credibility of Witnesses Miscarriage of Justice Presumption of Innocence

Case Brief

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Parties

Michael John Anthony

Appellant

Procurator Fiscal, Edinburgh

Respondent

Procedural Posture

Criminal Appeal (stated Case) / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the sheriff erred in accepting the complainer's evidence and finding corroboration
  2. 2 Whether the sheriff failed to consider significant matters affecting credibility and corroboration
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The sheriff was entitled to accept the complainer's evidence as credible and reliable, and there was ample corroboration through her distress and injury. The sheriff's approach to corroboration was consistent with the law as set out in Fox v. H.M. Advocate. The fresh evidence was either inadmissible or immaterial. No miscarriage of justice was demonstrated.

Court Disposition

Appeal against conviction refused; hearing continued for determination of appeal against sentence.