CW v HM Advocate

Criminal evidence – Mutual corroboration – Moorov doctrine – Sheriff's charge. High Court of Justiciary: Allowing an appeal by an appellant who was convicted of charges of indecent assault and sexual assault (charges 1 and 2) and pled guilty to a charge of engaging in sexual activity with a person under 18 whilst in a position of trust (charge 5), the court held that evidence in respect of a charge where the absence of consent was not relevant could properly be used to corroborate evidence of another complainer in respect of a charge where absence of consent was a critical issue, however the sheriff had erred in concluding that lack of consent was to be implied in a charge under s 42 of the Sexual Offences (Scotland) Act 2009 (charge 5) and his observations in that regard constituted a material misdirection and a miscarriage of justice.

Category: