McKnight v HM Advocate

Criminal evidence and procedure – Mixed statement – Sheriff's charge. High Court of Justiciary: Allowing an appeal by an appellant who was convicted of two charges of assault, and who had given a mixed statement in his police interview, the court held that the sheriff's failure to give a clear direction as to mixed statements, and how the jury should consider the police interview, in the context of the charge as a whole, gave rise to a real risk of confusion and amounted to a misdirection that had resulted in a miscarriage of justice; it did not agree with the sheriff that in light of the directions which he did give the jury were well aware that they could take into account the exculpatory parts of the appellant's statement to the police in deciding the critical issues.

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