Razzaq v HM Advocate

Criminal evidence – Appeal – Fresh evidence. High Court of Justiciary: Allowing an appeal against conviction by an appellant who was convicted of assaulting his wife by penetrating her vagina with his fist to her severe injury, and who appealed on the basis of the existence and significance of evidence which was not heard at his trial from witnesses who could speak to remarks the complainer made concerning how her injury was caused which were different from her account at trial, the court accepted that the appellant had discharged the onus of providing a reasonable explanation for the failure to call that evidence at trial and it considered that the impact of the additional evidence was such that the verdict reached in ignorance of its existence must be regarded as a miscarriage of justice.

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