Shah v HM Advocate

Criminal evidence and procedure – Judge's charge – Mixed statements by accused. High Court of Justiciary: Allowing an appeal by an appellant who was convicted of robbery and murder, attempting to defeat the ends of justice and possessing heroin, who contended that the trial judge had misdirected the jury as to the significance as evidence of the exculpatory parts of mixed statements he had made, the court held that the jury were misdirected, they were then correctly directed, at least in relation to one statement, but immediately thereafter again misdirected in a fundamental respect, and the misdirection had led to a miscarriage of justice.

Category: