Description
Note of appeal against conviction:- On 8 October 2013, following a trial on indictment at Paisley Sheriff Court, the appellant was convicted of a charge of assault and robbery whilst on bail. He appealed against his conviction on the following grounds:- (1) that the sheriff erred in repelling an objection made on behalf of the appellant to allow the Crown to lead evidence of a dock identification of the appellant and to the admission of evidence of an identification of the appellant from images on an emulator board; (2) that the sheriff erred in repelling submissions in terms of section 97 and 97A of the Criminal Procedure (Scotland) Act 1995; (3) that the sheriff erred in failing to direct the jury in relation to the definition of the crimes of assault and robbery; and (4) the verdict was one that no reasonable jury, properly directed, could have returned. Here the court refused the appeal. The issue of identification was one for the jury to determine in light of directions by the trial sheriff and whilst there may be extreme cases where an identification from emulator sheets or a dock identification, where there has been a previous failure to identify at an identification parade, may be inadmissible, this was not such an extreme case. The court considered that the trial sheriff adequately directed the jury on the inherent dangers of cases based solely on identification evidence and did so in a way that was favourable to the defence. In relation to the issue of the failure by the trial sheriff to define the crimes libelled to the jury, the court considered there was no misdirection as there had been no dispute during the trial that someone had been the perpetrator of the crime libelled and the only issue was whether that person had been the appellant.
0141 553 4890
