RCB v HM Advocate [2016] ScotHC HCJAC_63 (22 July 2016)

RCB v HM Advocate [2016] ScotHC HCJAC_63 (22 July 2016)

Section 294 of the Criminal Procedure (Scotland) Act 1995 applies to statutory offences, including section 1 of the Sexual Offences (Scotland) Act 2009; it is competent to libel and convict for attempted rape under section 1, and reference to section 1 should not be deleted from the charge.

Citation
[2016] ScotHC HCJAC_63
Parties
Appellant: RCB; Respondent: Her Majesty’s Advocate
Jurisdiction
Scotland
Judgment Date
22 July 2016
Procedural Posture
Appeal Against Conviction / Post Trial Appellate Review
Outcome
appeal dismissed
Legal Topics
Attempted Rape, Statutory Interpretation, Sexual Offences, Indictable Offences
Criminal Law Attempted Rape Statutory Interpretation Sexual Offences Indictable Offences

Case Brief

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Parties

RCB

Appellant

Her Majesty’s Advocate

Respondent

Procedural Posture

Appeal Against Conviction / Post Trial Appellate Review

Legal Issues

  1. 1 Whether attempted rape can be prosecuted under section 1 of the Sexual Offences (Scotland) Act 2009
  2. 2 Whether reference to section 1 should be deleted from the charge for attempted rape

Ratio Decidendi

Section 294 of the Criminal Procedure (Scotland) Act 1995 applies to statutory offences, including section 1 of the Sexual Offences (Scotland) Act 2009; it is competent to libel and convict for attempted rape under section 1, and reference to section 1 should not be deleted from the charge.

Court Disposition

appeal dismissed

Orders

  • Reference to section 1 of the Sexual Offences (Scotland) Act 2009 in the charge for attempted rape is competent and should not be deleted.