Cumlin v HM Advocate

Criminal evidence and procedure – Judge's charge – Misdirection by omission. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was convicted of two charges of assault against two women, one victim having given evidence in court that the man in the dock was not the assailant, the court rejected a contention that the sheriff's failure to explain the evidential significance of an earlier identification of the appellant as the assailant from photographs and the evidential significance of DNA evidence amounted to a miscarriage of justice: the key importance of the identification and DNA evidence would have been obvious to the jury, and the directions as to corroboration were sufficient for the jury to appreciate the significance of rejecting either piece of evidence.

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