Moynihan v HM Advocate

Solemn procedure – Judge's charge – Prior inconsistent statements – Sentencing. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was convicted of rape and made the subject of an Order for Lifelong Restriction with a punishment part of 9 years., the court rejected a contention that a miscarriage of justice had occurred because the trial judge had failed to direct the jury on the evidential value of prior statements of the complainer which differed from her evidence, however it agreed that a 9-year punishment part was excessive because the starting point of 17½ years was excessive, notwithstanding the nature of the offence and the appellant's previous convictions, and it set the punishment part at 6 years.

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