Dewar v HM Advocate

Criminal evidence – Sufficiency of evidence – Unreasonable verdict. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was convicted of assault by grabbing the complainer by the throat and pushing her against a wall, and who argued that there was an insufficiency of evidence to establish the crime of assault and that no reasonable jury, properly directed, could have returned the verdict, the complainer not having adopted the part of her police statement containing an account of the appellant grabbing her by the neck and the jury having deleted the reference to other passages which she did adopt, the court held that the evidence in the case would provide a sufficiency of evidence entitling a guilty verdict to be returned and once that was established there was no basis for saying that the verdict was one which no reasonable jury could have returned just because the complainer's evidence was unsatisfactory.

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