The judge had allowed as hearsay evidence, details of a statement made by the appellant to a nurse at the hospital after his arrest. He had however disallowed other parts of the same conversation in which the defendant had denied his involvement.
Held: As a mixed statement, the judge had been wrong to exclude exculpatory elements. However the misdirection in question had had no determinative significance and that the appeal was refused.
Lord Marnoch
[2013] ScotHC HCJAC – 35
Bailii
Scotland, Criminal Evidence
Updated: 31 October 2021; Ref: scu.510251
