Pettigrew v HM Advocate

Criminal evidence and procedure – Sufficiency of evidence –Admissibility of evidence – Hearsay – Judge's charge – Statements by accused outwith presence of co-accused. High Court of Justiciary: Allowing an appeal by an appellant who was convicted of the theft of items from a museum, the court upheld a ground of appeal that the Crown should not have placed any reliance on certain comments a co-accused made outwith the appellant's presence, comments recounted in evidence given by that co-accused's former partner, and that the sheriff erred in failing to direct the jury not to rely on those comments and to direct them that that was not evidence against the appellant; the failure to give a direction was a misdirection by omission and it resulted in a miscarriage of justice as clear directions were required about what the jury required to do with that evidence in relation to the appellant.

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