Description
The Appellant appeared on indictment at the High Court in Glasgow on 25th May 2004 on 4 charges of lewd, indecent and libidinous practices against his two daughters J and B (charges 1-4) and a charge of attempted rape on various occasions of B when she was aged 16-23 (charge 5). A No Case to Answer submission was made on behalf of the Appellant at the end of the Crown case on the basis that there was insufficient interconnection between the charges to allow the application of the Moorov doctrine. The Judge repelled that submission and the Appellant did not lead any evidence. During the course of the Judge's charge it was clarified that the Crown were not seeking a conviction in relation to charge 5. Further, it was made clear to the jury that charges 1 and 2 stood or fell together with the same position for charges 3 and 4. The Jury returned guilty verdicts in relation to charges 1-3 and a not proven verdict in relation to charge 4. The Judge thereafter directed the jury to acquit the Appellant in relation to the third charge. The decision of the Judge to repel the S.97 submission was appealed on the grounds that there was insufficent interconnection between the circumstances of both charges (1 and 2) to allow each to mutually corroborate the other by the application of the Moorov doctrine.
0141 553 4890
