Fenton v HM Advocate

Solemn procedure – Judge's charge – Mutual corroboration – Administering substance for sexual purposes – Sexual assault – Rape. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of three charges combining contraventions of s 3 (sexual assault) and s 11 (administering a substance for sexual purposes) of the Sexual Offences (Scotland) Act 2009 and one charge combining contraventions of s 1 (rape) and s 11 of that Act, the court held that the trial judge had not misdirected the jury as to their right to make deletions from any of the charges—he was correct to direct them that it was not open to them to convict of a contravention of only one element of any of the charges; and he had not misdirected the jury in relation to corroboration and the application of the Moorov principle—the submission that the Moorov principle could not be applied in respect of individual elements of a charge was fallacious.

Category: