Appeal against Conviction by PB against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 53 (02 December 2025)
The appeal was refused because the objections to evidence were not timeously stated, the evidence complained of was either not prejudicial, not invited by the prosecution, or was irrelevant, and the trial judge acted within his discretion in handling both the evidence and the scope of re-examination. No miscarriage of justice occurred.
- Citation
- [2025] HCJAC 53
- Parties
- Appellant: PB; Respondent: His Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 02 December 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal refused
- Legal Topics
- Rape, Assault, Corroboration, Admissibility of Evidence, Jury Directions, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
PB
Appellant
His Majesty's Advocate
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in repelling objections to prejudicial evidence not libelled in the indictment
- 2 Whether the trial judge erred in permitting re-examination on a police statement not referred to in cross-examination and in refusing further cross-examination
Ratio Decidendi
The appeal was refused because the objections to evidence were not timeously stated, the evidence complained of was either not prejudicial, not invited by the prosecution, or was irrelevant, and the trial judge acted within his discretion in handling both the evidence and the scope of re-examination. No miscarriage of justice occurred.
Court Disposition
Appeal refused
Full Case Text
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