RC v HM Advocate

Criminal evidence – Rape – Fresh evidence appeal. High Court of Justiciary: Refusing appeals against conviction and sentence by an appellant who was convicted of rape and appealed on the basis of fresh evidence of social media postings made by complainer since his arrest and brought to his attention post-conviction, contending that the postings demonstrated that she had lied when giving evidence about how the rape had affected her, and as to contact she had with another witness, KH, after that date, and that KH had lied about the contact she had with the complainer, the court held that any differences and inconsistencies between the evidence at the trial and what could be taken from the postings had been exaggerated, as had their potential significance in the overall context of the issues and evidence at the trial, and it could not be said that a 7-year prison sentence was excessive.

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