Scotland Case Law

Appeal by Stated Case against Conviction by MXG against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal)

Appeal by Stated Case against Conviction by MXG against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal) [2026] SACCRIM 3 (30 January 2026)

The Sheriff Appeal Court refused an appeal against an assault conviction, holding that a witness’s account of the complainer’s distressed statement could be treated as de recenti evidence.

• De recenti statements
• Corroboration
• Admissibility of hearsay
• Mutual corroboration
• Assault
• Domestic abuse

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Appeal against Conviction by Peter McGuiness against HMA (High Court of Justiciary)

Appeal against Conviction by Peter McGuiness against HMA (High Court of Justiciary) [2025] HCJAC 13 (21 February 2025)

The Appeal Court held that distress observed nine years after a sexual offence was too remote to corroborate the complainer’s evidence, and quashed the conviction on charge 2.

• Corroboration
• Sexual offences
• Hearsay
• Evidence of distress
• De recenti statements
• Sexual-offences

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References by His Majesty's Advocate against PG and JM (High Court of Justiciary)

References by His Majesty's Advocate against PG and JM (High Court of Justiciary) [2024] HCJAC 43 (30 October 2024)

The court held that de recenti statements can corroborate both the crime and identification if they remain part of, or a continuation of, the res gestae.

• Hearsay
• Corroboration
• Res gestae
• De recenti statements
• Sexual offences
• Identification evidence

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REFERENCE BY HMA AGAINST CLB

REFERENCE BY HMA AGAINST CLB [2023] ScotHC HCJAC_40 (18 October 2023)

The court reaffirmed that, in sexual offence cases, observed distress in the complainer shortly after the alleged incident may corroborate the lack of consent but cannot, by itself, corroborate the occurrence of penetration. Similarly, de recenti statements made by the complainer are admissible to assess credibility but do not provide corroboration of the facts constituting the offence. The court declined to depart from the principles established in Smith v Lees, holding that corroboration of crucial facts, such as penetration, requires evidence beyond distress or de recenti statements.

Source excerpt

• Corroboration
• Sexual offences
• De recenti statements
• Distress as corroboration
• Jury directions

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HER MAJESTY'S ADVOCATE v. DARREN SMALL

HER MAJESTY'S ADVOCATE v. DARREN SMALL [2014] ScotSC 6 (24 February 2014)

The sheriff held that the passage in HMA v Morton on de recenti statements was obiter, not binding ratio, and refused the accused’s preliminary objection.

• Hearsay
• Admissibility of evidence
• De recenti statements
• Res gestae
• Corroboration
• Evidence-admissibility

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DS v HM Advocate

DS v HM Advocate [2011] ScotHC HCJAC_125 (14 December 2011)

Appeal against rape conviction refused. The court held that only one direction was defective, about a de recenti statement, but the omission caused no miscarriage of justice.

• Rape
• Corroboration
• Consent
• Misdirection
• De recenti statements
• Special defence

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Ahmed v. Her Majesty's Advocate

Ahmed v. Her Majesty's Advocate [2009] ScotHC HCJAC_73 (09 September 2009)

Appeal against rape conviction refused; the court held a de recenti statement could support credibility even though the complainer denied making it.

• Rape
• De recenti statements
• Hearsay
• Credibility of witnesses
• Jury directions
• Criminal-law

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Ahmed v. Her Majesty's Advocate

Ahmed v. Her Majesty's Advocate [2008] ScotHC HCJAC_64 (12 November 2008)

Appeal against conviction for rape in which the court considered how a de recenti statement could be used when the complainer denied making it.

• Hearsay
• De recenti statements
• Rape
• Misdirection
• Credibility of witnesses
• De-recenti-statements

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