Lee v HM Advocate [2016] ScotHC HCJAC_39 (28 April 2016)
The court found that the appellant was proficient in English, had no material difficulty understanding the proceedings, and did not suffer prejudice due to the interpretation provided. Any misdirection by the trial judge was either a harmless slip or favoured the appellant, and no miscarriage of justice occurred. The appeal was refused.
- Citation
- [2016] ScotHC HCJAC_39
- Parties
- Appellant: San Lee; Respondent: Her Majesty’s Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 28 April 2016
- Procedural Posture
- Appeal Against Conviction / Judgment on Appeal
- Outcome
- Appeal refused
- Legal Topics
- Rape, Interpreter Standards, Fair Trial, Jury Directions, Sexual Offences (scotland) Act 2009
Case Brief
Summary, issues, holding and outcome
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Parties
San Lee
Appellant
Her Majesty’s Advocate
Respondent
Procedural Posture
Appeal Against Conviction / Judgment on Appeal
Legal Issues
- 1 Whether the appellant had a fair trial given alleged deficiencies in interpretation services at trial
- 2 Whether the trial judge misdirected the jury on the issue of reasonable belief in consent
Ratio Decidendi
The court found that the appellant was proficient in English, had no material difficulty understanding the proceedings, and did not suffer prejudice due to the interpretation provided. Any misdirection by the trial judge was either a harmless slip or favoured the appellant, and no miscarriage of justice occurred. The appeal was refused.
Court Disposition
Appeal refused
Full Case Text
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