HM Advocate v Moynihan

Criminal evidence and procedure – Attempted rape – Docket to indictment – Admissibility of evidence. High Court of Justiciary: Allowing a Crown appeal in the case of a respondent who was indicted on a charge of attempted rape against a decision by a judge at a preliminary hearing sustaining an objection to the admissibility of evidence referred to in a docket attached to the indictment, the court was satisfied that the judge erred in concluding that the evidence which the Crown sought to lead in respect of the docket would be inadmissible.

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