Peter Mulligan v HMA [2008] HCJAC 32

Criminal appeal of conviction for rape. Appeal on the grounds that there had been a miscarriage of justice due to conduct of trial judge during Trial. Appellant admitted intercourse but denied that he had done so without consent. Averred by appellant that the complainer had claimed to be a virgin and that this may have been the reason for her distress following the incident, rather than rape. Medical evidence was produced by the complainer showing a previous sexual activity, without objection. The distress theory was not put to the complainer in cross-examination. The principal focus of the appeal based on the intervention of the Trial Judge during cross-examination of DC Lyall. Distress theory put to DC Lyall in wording that stated the complainer was a virgin. The Judge intervened to state that the complainer was not a virgin and that a medical report may be examined to that effect. Further ground of appeal based on admission of heresay evidence without objection. Whether miscarriage of justice. Whether appellant could in any event avoid the consequences of Section 118(8) of the 1995 Act. Appeal refused.