Stolarczyk v Procurator Fiscal, Stirling

Criminal law and evidence – Assault – Sufficiency of evidence – Self-defence. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of assaulting his former partner by pushing her and causing her to fall, having pled self-defence, the court held that the sheriff was entitled to conclude that no doubt was cast on the appellant's admission of pushing the complainer by examination of the terms of his police statement itself: on the basis of the statement the question of self-defence did not arise at all; the statement was not in fact a mixed statement; and even if it were treated as such it was clear that the sheriff could accept the admission and reject the qualification that the appellant had been acting in self-defence.

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