NOTE OF APPEAL AGAINST CONVICTION by PETER MORRIS HETHERINGTON v HER MAJESTY'S ADVOCATE

Appeal Court: Appeal of conviction. Appeal on grounds that trial judge should have upheld a submission of no case to answer made under section 97 of Criminal Procedure (Scotland) Act 1995. The appellant had been convicted of theft, assault and robbery and attempt to defeat the ends of justice. The appellant had committed a robbery at gunpoint and had fled in a stolen vehicle. Both accused had then attempted to set the vehicle on fire with innovative incindiary devices. The crown relied heavily on DNA linking the appellant to the devices. The devices consisted in part of items which had been in the car when it was stolen 5 days prior to the robbery. Considered: whether the DNA, corroborated with other weaker identification amounted to sufficient case to answer.