Muldoon v Herron [1970] ScotHC HCJ_1 (25 March 1970)

Muldoon v Herron [1970] ScotHC HCJ_1 (25 March 1970)

Identification evidence from police regarding extrajudicial identification by witnesses is admissible and sufficient for conviction when the witness admits making the identification, even if unable to identify the accused in court; corroboration can be satisfied by combining such evidence from multiple sources.

Citation
[1970] ScotHC HCJ_1
Parties
Appellant: Muldoon; Respondent: Herron
Jurisdiction
Scotland
Judgment Date
25 March 1970
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed by majority; convictions upheld.
Legal Topics
Identification Evidence, Corroboration, Hearsay, Breach of the Peace
Criminal Law Evidence Identification Evidence Corroboration Hearsay Breach of the Peace

Case Brief

Summary, issues, holding and outcome

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Parties

Muldoon

Appellant

Herron

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether identification evidence from police regarding extrajudicial identification by witnesses is admissible and sufficient for conviction
  2. 2 Whether corroboration requirements are satisfied when one witness denies identification in court

Ratio Decidendi

Identification evidence from police regarding extrajudicial identification by witnesses is admissible and sufficient for conviction when the witness admits making the identification, even if unable to identify the accused in court; corroboration can be satisfied by combining such evidence from multiple sources.

Court Disposition

Appeal dismissed by majority; convictions upheld.

Orders

  • Convictions affirmed; appeals refused.