O'Neill v HM Advocate

Criminal procedure – Sheriff's charge – Prior inconsistent statements. High Court of Justiciary: Allowing an appeal by an appellant who was convicted of assault with intent to rape, who contended that the sheriff had erred in failing to direct the jury in relation to an inconsistent prior statement by the complainer to the police, which had been the basis for a significant part of the cross-examination, the court was satisfied that this was a case in which a direction was required, that the misdirection in context was a material one and that a miscarriage of justice had occurred.

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