RF v HM Advocate

Criminal evidence and procedure – Mutual corroboration – Moorov doctrine. High Court of Justiciary: Allowing an appeal by an appellant who was convicted of 11 charges of physical and sexual abuse of family members between 1976 and 2004, and appealed against his conviction of a charge of rape (committed in 1991) and two charges of using lewd, indecent and libidinous practices towards his daughter (committed 11 years later), the court concluded that the similarities as between the conduct alleged in the charges were not compelling; there was no proper basis on which the jury would have been entitled to infer the necessary underlying unity of intent; the Moorov doctrine could not apply and the submission of no case to answer should have been upheld.

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