Kerr v HM Advocate

Criminal law – Double jeopardy. High Court of Justiciary: Refusing an appeal by an appellant who was charged with sodomy in relation to an 11-year old complainer, having been acquitted in 2009 of a charge that, between the same dates and at the same place, he used lewd, indecent and libidinous practices towards the same complainer, and whose plea in bar of trial founding on s 7 of the Double Jeopardy (Scotland) Act 2011 was repelled, the court held that the act now charged (sodomy) did not arise out of 'the same, or largely the same, acts' as those lewd practices originally libelled: the single occasion act of sodomy was not inextricably linked to the various acts of touching libelled in the earlier indictment.

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