HDJS v HM Advocate

Criminal evidence and procedure – Indecent photographs of children/sexual assault on young child – Photographic evidence – Jury's request – Judge's charge. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of, inter alia, taking and distributing indecent photographs of children and sexual assault on a young child, the police having recovered video and still images of his young daughter in sexually explicit poses and being sexually assaulted by an adult male whose head was not shown, the court rejected contentions that the trial judge had erred (i) in refusing the jury's request during their deliberations to see certain images again and (ii) in directing the jury that they were judges and not witnesses and had to form their own conclusions about what was said in evidence about what the images showed, rather than forming conclusions from the images themselves.

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