Maxwell v HM Advocate

Criminal evidence and procedure – Admissibility of evidence – Unreasonable verdict – Sentencing. High Court of Justiciary: In an appeal against conviction and sentence by an appellant who was convicted of charges of sexual assault/communicating indecently (charge 1) and sexual grooming (charge 4), each involving an underage girl, the court rejected contentions that no reasonable jury could have convicted the appellant of charge 4 yet acquitted him of a charge of unlawful sexual intercourse (charge 5), and that evidence of inappropriate or indecent internet communication between the appellant and the first complainer was either irrelevant, amounted to attack on his character, or was unfair as evidence of a crime not charged: however it held that while a custodial sentence was appropriate a consecutive disposal was not and it quashed the sentence of 4 months' imprisonment on charge (1), and 12 months consecutive on charge (4) and substituted a cumulative sentence of 12 months.

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