TN v HM Advocate

Criminal evidence and procedure – Mutual corroboration – Moorov doctrine. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of a charge involving encouraging other males to engage in sexual intercourse with his daughter, KN, then aged 4-6, a charge of raping KN when she was aged 5, and a charge of lewd and libidinous behaviour towards the daughter of his brother's domestic partner, CS, then aged 13-14, the court held that the trial judge was correct to repel a submission of no case to answer in relation to the charge involving rapes committed by other men at the appellant's instigation, the contention being that the incident spoken to by CS was too dissimilar to the events spoken to by KN to allow the jury to conclude they were part of one course of conduct the appellant had systematically pursued: the conduct contained many similarities, and those similarities in the context of all the evidence in the case were such that it would be open to the jury to apply the doctrine of mutual corroboration.

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