Afzal v Her Majesty’s Advocate: HCJ 12 Sep 2013

The defendant appealed against his conviction for offences of rape and sexual assault. He complained as to the directions given to the jury on returning majority verdicts where: ‘the Learned Trial Judge ought to have directed the jury that in order to return a verdict of guilt a number of 8 of them had to be in favour of guilt in relation to each offence, and that only in those circumstances could a verdict of guilt be returned on the whole libel.’
Held: The deiderated direction was not necessary.

Lord Brodie, Lady Dorrian, Lord Woolman
[2013] ScotHC HCJAC – 103, 2013 SCL 954, 2013 GWD 30-596

Scotland, Crime

Updated: 21 November 2021; Ref: scu.516526