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GUBINAS & Anor v HER MAJESTY'S ADVOCATE, NOTE OF APPEAL AGAINST CONVICTION BY [2017] ScotHC HCJAC_59 (08 August 2017))
The court held that, once video provenance is proved, jurors may assess what the images show and may use them to determine events and identity.
Gubinas v HM Advocate [2017] ScotHC HCJAC_25 (09 May 2017)
The appeal court upheld most of the conviction appeal in Gubinas v HM Advocate, finding sufficient evidence on consent but deleting the anal penetration averment.
JAMES GRAY v. HER MAJESTY'S ADVOCATE [1998] ScotHC 8 (11th November, 1998)
The trial judge was entitled to refuse the jury's request to view the video recording during deliberations because the real issue was the quality of the identification evidence from witnesses, not the quality of the video itself, and there was no challenge to the video quality during cross-examination. No miscarriage of justice occurred.
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