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Criminal law [2025] HCJAC 46

Appeal against Conviction by TH against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction by TH against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 46 (21 October 2025)

The appeal court refused an appeal against conviction, holding that any misdirection about distress evidence did not cause a miscarriage of justice because mutual corroboration was the proper route to verdict.

  • Sexual offences
  • Corroboration
  • Misdirection
  • Mutual corroboration
  • Distress evidence
  • Criminal-appeal
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Criminal law [2019] ScotHC HCJAC_1

FERGUSON, APPEAL AGAINST CONVICTION BY ALLAN FERGUSON AGAINST HER MAJESTY'S ADVOCATE

FERGUSON, APPEAL AGAINST CONVICTION BY ALLAN FERGUSON AGAINST HER MAJESTY'S ADVOCATE [2019] ScotHC HCJAC_1 (12 December 2018)

The court refused a conviction appeal in a rape case, holding that delayed distress could still corroborate lack of consent if the jury accepted it was caused by the offence.

  • Corroboration
  • Rape
  • Lack of consent
  • Distress evidence
  • Lack-of-consent
  • Distress-evidence
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Criminal law [2016] ScotHC HCJAC_4

CH v HM Advocate

CH v HM Advocate [2016] ScotHC HCJAC_4 (19 January 2016)

The Appeal Court refused an appeal against rape convictions, holding that the trial judge’s directions on corroboration and mutual corroboration were sufficient overall.

  • Rape
  • Corroboration
  • Jury directions
  • Mutual corroboration
  • Distress evidence
  • Miscarriage of justice
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Criminal law [2005] ScotHC HCJAC_115

RWP v. Her Majesty's Advocate

RWP v. Her Majesty's Advocate [2005] ScotHC HCJAC_115 (21 October 2005)

Appeal Court case on rape convictions where delayed distress was held capable of corroborating lack of consent, and the convictions were only partly restricted.

  • Rape
  • Sexual offences
  • Corroboration
  • Distress evidence
  • Lewd and libidinous practices
  • Extended sentence
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Criminal law [2005] ScotHC HCJAC_68

Spendiff v. Her Majesty's Advocate

Spendiff v. Her Majesty's Advocate [2005] ScotHC HCJAC_68 (07 June 2005)

The appeal against rape conviction was dismissed. The court held there was sufficient corroboration from distress and surrounding circumstances, and no miscarriage of justice.

  • Rape
  • Clandestine injury
  • Corroboration
  • Mens rea
  • Consent
  • Distress evidence
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Criminal law [2002] ScotHC 6

McDonagh v. Her Majesty's Advocate

McDonagh v. Her Majesty's Advocate [2002] ScotHC 6 (15 February 2002)

The Appeal Court held there was no misdirection in a rape trial charge on distress as corroboration and refused the appeal against conviction.

  • Rape
  • Corroboration
  • Jury directions
  • Distress evidence
  • Criminal-law
  • Jury-directions
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.