Scottish Criminal Case Reports, Issue 3, June, 2016

Page 1

Appeal Correction of record—Whether competent to correct failure to impose mandatory requirement to sit extended driving test Iqbal v Harvie 258

Evidence Corroboration—Mutual corroboration—Sexual assault and abuse of trust—No evidence of lack of consent in latter— Whether Moorov doctrine can apply CW v HM Advocate 285 Corroboration—Theft by housebreaking—Whether evidence of loss corroborated by evidence that house ransacked Reid v HM Advocate 233

Road traffic—Drink driving—First offender—Breath level 87— Whether disqualification for three years excessive Jenkins v Harvie 268 Road traffic—Forfeiture—Two drink- related offences within nine days—Whether forefeiture of vehicle excessive Li v Dunn 272 Solemn procedure Judge’s charge—Basic propositions applicable to appeals Sim v HM Advocate (Sy) 303 Productions—Defence right to remove productions for copying or inspection—Whether affected by statutory provisions for disclosure HM Advocate v AM 227 Statutory offence Obstructing police in execution of duty—Police called because of unwanted presence of accused—Police removing accused without arresting him—Whether acting in execution of duty Warwick v Harvie 261

Sufficiency—One offence proved independently by sufficient circumstantial evidence—Whether sufficient evidence to identify accused as responsible for other offences Martin v HM Advocate 276

Summary procedure Appeal—Appeal against refusal of objection to evidence— Whether competent Warwick v Harvie 261

Interpreters Complaint about standard of interpretation—Whether substantiated Lee v HM Advocate 247

Record—Amendment of record—Whether competent for appeal court to correct failure to impose mandatory requirement to sit extended driving test Iqbal v Harvie 258

Road traffic Sentence—Careless driving—Tailgating on motorway— Whether eight penalty points excessive McInally v Dunn 243

Sexual offence—Sexual abuse of trust—Whether lack of consent by complainer implied CW v HM Advocate 285

2016 S.C.C.R. 227–304

Sufficiency—DNA evidence—Theft by housebreaking—DNA evidence matching accused’s profile found on cigarette butt at point of entry—Whether sufficient to identify accused as perpetrator Reid v HM Advocate 233

SCOTTISH CRIMINAL CASE REPORTS

Compatibility issue Disclosure—Disclosure of recordings of interviewsof child complainers (JII’s)—Recordings lodged as productions— Whether Crown’s refusal to provide defence with copies of recordings breach of right to fair trial HM Advocate v AM 227

June 2016 2016 S.C.C.R. 227−304

Sentence Discount—Plea at trial diet—Whether sheriff entitled not to give a discount McInally v Dunn 243

Scottish Criminal Case Reports Edited by Sir Gerald H Gordon CBE, QC, LLD HM Advocate v AM Reid v HM Advocate McInally v Dunn Lee v HM Advocate Iqbal v Harvie Warwick v Harvie

*657937*

227 233 243 247 258 261

Jenkins v Harvie Li v Dunn Martin v HM Advocate CW v HM Advocate Sim v HM Advocate (Sy)

268 272 276 285 303


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