Bakhjam v HM Advocate

Criminal evidence and procedure – Rape – Withdrawal of part of libel – Conduct of Crown – Judge's charge. High Court of Justiciary: Refusing an appeal against a rape conviction, which concerned the Crown's actions in libelling and then withdrawing the offence of administering a substance for sexual purposes, and thereafter addressing the jury on the basis that a suspicion lingered in that regard, the trial judge not having given the jury a specific direction to disregard any such suspicion, the court held that although no statement about any continuing suspicion could be regarded as legitimate there had been no miscarriage of justice as the advocate depute's remarks would not have been capable of having a material bearing on the jury's verdict that the appellant did have intercourse with the complainer when she was incapacitated.

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