Spinks v Procurator Fiscal, Kirkcaldy

Criminal evidence – Assault – Corroboration. High Court of Justiciary: Allowing an appeal by an appellant who was found guilty of a charge of assaulting a former partner, the Crown case proceeding on an omnibus charge referring to a number of separate incidents occurring over a period of several years, the court held that the sheriff and Sheriff Appeal Court had erred in holding that, where a course of conduct had been established in the context of a single charge, individual elements of the charge did not require corroboration: where there were different episodes of physical assault and an adult complainer the normal requirement of corroboration applied to each incident, and as there was corroborative evidence for only two of the assaults libelled the conviction must be restricted accordingly.

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