Appeal Against Conviction By Jm Against Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Malcolm,Lord Menzies,Lord Justice Clerk |
| Neutral Citation | [2018] HCJAC 30 |
| Court | High Court of Justiciary |
| Date | 30 May 2018 |
| Docket Number | HCA/2017/614/XC |
| Published date | 31 May 2018 |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2018] HCJAC 30
HCA/2017/614/XC
Lord Justice Clerk
Lord Menzies
Lord Malcolm
STATEMENT OF REASONS
Issued by LADY DORRIAN, the LORD JUSTICE CLERK
in
APPEAL AGAINST CONVICTION
by
JM
Appellant
against
HER MAJESTY’S ADVOCATE
Respondent
Appellant: D Forbes, Faculty Services Limited (for Dewar Spence , Leven)
Respondent: A Prentice, QC, AD; Crown Agent
30 May 2018
[1] The issue in this appeal is whether there was sufficient evidence to justify the
application of the Moorov doctrine in charges involving two complainers where the shortest
gap in time between the alleged offending was a period of just under 17 years. It is
maintained that there was insufficient evidence to indicate that the charges formed part of a
course of conduct systematically pursued by the appellant. In respect of the first complainer
the charge was one of lewd and libidinous practices when she was aged 9, on various
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The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018
...HCJAC 51.27. See, e.g., McBride vHM Advocate [2016] HCJAC 78 (time gap of 22 years); ER vHM Advocate [2016] HCJ 98; JM vHMAdvocate [2018] HCJAC 30 (time gap of 17 years).28. RB vHM Advocate [2017] HCJAC 24.29. Ibid. at [4–11].30. Ibid. at [34].31. Ibid. at [33].32. Ibid. at [33].33. RB vHM ......