NI v HM Advocate

Criminal evidence – Rape – Fresh evidence appeal. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was convicted of six charges of indecent or sexual assault on four complainers, and who appealed on the ground that there was fresh evidence from two sources which would have significantly impacted upon the credibility of the complainer who asserted that her two children with him were both the product of rape, the court held that while there was a reasonable explanation for both pieces of fresh evidence not being adduced at the original trial, one piece of evidence was not capable of being regarded by a reasonable jury as credible and reliable and while the other was, it was nevertheless not likely to have had a material bearing on the jury's determination of a critical issue at the trial.

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