The appellant had told the police at interview that he had met the complainer in the street, had said hello, and had grabbed her wrists when she started to scream. The latter admission was the only corroboration of the complaint of assault. He appealed his conviction of attempted rape. The Commission made a reference on grounds concerned with misdirection. They declined to make a reference on a Cadder ground. The appellant had served his sentence; all parties had proceeded in good faith on the understanding that the interview had been conducted fairly and that its contents were admissible; the appellant had never denied the veracity of the incriminating statement he had made; and he had relied on his police interview by way of his defence.
Held: The court decided not to reject the reference under section 194DA. The Crown conceded that, if there was not a sufficiency of evidence without the police interview, the appeal must succeed. It succeeded on that basis.
Citations:
[2013] ScotHC HCJAC – 54
Links:
Jurisdiction:
Scotland
Citing:
See Also – Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission HCJ 25-Apr-2012
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See Also – Chamberlain-Davidson, Re Scottish Criminal Cases Review Commission HCJ 15-Aug-2012
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Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 July 2022; Ref: scu.510235