Behaviour Of Complainer And Accused

Question 1

Strathmore group ltd
V
Credit lyonnaise

Per lord Osborne

Answer 1

In order for evidence to be admissible, it must be logically relevant

The ultimate test is whether material in question has a reasonably direct bearing on the subject under investigation

If not it is collateral

Question 2

Brady
V
HMA

Answer 2

Collateral issues are excluded from proof as they are too peripheral to the main issue and therefore could distract the jury from proper consultation of main issue

Not worth devoting court time

Question 3

For purposes of Scots law of evidence a persons character includes their…

Answer 3

Known disposition from previous actions but also their general reputation in society

CE usually collateral and this inadmissible but there are exceptions

Question 4

Rationale

Answer 4

Intended to protect C from embarrassing and demeaning questioning

Prevent risk of prejudice created in juries minds

Dispel twin mtgs that unchaste women are more likely to consent to SI and they are less worthy of belief

Implemented against backdrop of sustained critique about how complainers are treated

Question 5

Dunnigan
V
HMA

Answer 5

S275 proper administration of justice

Includes appropriate protection of Cs dignity and privacy

Sheriff didn’t allow intrusive questioning of young complainer about previous sexual experiences

Relevant to proper admin of justice

Question 6

Kinnin
V
HMA

Answer 6

Alleged attempted rape
275: wished to have sex with “him”

Initially refused: too remote; not sig probation value

Appealed: pertinent to that led as illustrated was willing to engage in adulterous behaviour and thus more likely she had consented

Granted

Question 7

Wright
V
HMA

Answer 7

More robust approach
Man accused of raping woman whilst asleep; confused

Rejected 275, to admit evidence she had previously tried to kiss him and had unrequited sexual attraction

Questions not sig enough, too much time passed since alleged incident and rape

Drew distinction between kissing and rape, collateral and inadmissible

Question 8

CJM (No 2)
V
HMA

Answer 8

Appeal issue as to whether previous false complaint of complainer admissible

Held: no. Irrelevant and collateral

No connection in time, circumstance or place. May lead to trial within trial to ascertain truth of evidence and distract jury from proper consideration of main issue

Question 9

Abbas
V
HMA

Answer 9

Alleged rape
Wished to lead evidence of prior for lying to police

Rejected: due to different nature of circumstances and a lot of time had passed

Illustration of courts adhering to purpose of act - refusing to admit evidence which may form negative view in juries mind based on irrelevant evidence

Question 10

Previous character and convictions of accused

Answer 10

Generally inadmissible

S275A - exception

Where accused has successfully applied under s275 to admit evidence relating to character or complainer, evidence of their previous criminal convictions, thus reflecting on their character, may be led in evidence