Miller v HM Advocate

Criminal evidence and procedure – Rape – Corroboration – Judge's charge. High Court of Justiciary: In an appeal by an appellant who was convicted of six charges, including assault and rape, the court rejected contentions that the trial judge's directions to the jury in relation to rape were deficient in not making specific mention of the need to corroborate the act of penetration and that the jury might have been confused as to what was required when the judge wrongly stated that the Crown required to prove that the appellant had had 'no honest belief' rather than 'no reasonable belief'; given the Crown's concession that the sexual elements on one of the charges could not have been corroborated once the appellant had been acquitted on another charge the court deleted words from the conviction to leave a conviction for common law assault and reduced the sentence in respect of that charge.

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