Her Majesty's Advocate V. Michael Hodgson
| Jurisdiction | Scotland |
| Judge | Lord Osborne,Lord Clarke,Lord Justice Clerk |
| Neutral Citation | [2011] HCJAC 22 |
| Year | 2011 |
| Published date | 03 March 2011 |
| Docket Number | XC188/09 |
| Court | High Court of Justiciary |
| Date | 18 February 2011 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Justice Clerk Lord Osborne Lord Clarke | [2011] HCJAC 22 XC188/09 OPINION OF THE COURT delivered by THE LORD JUSTICE CLERK in APPEAL AGAINST CONVICTION by MICHAEL HODGSON Appellant; against HER MAJESTY'S ADVOCATE Respondent: _____________ |
Appellant: Shead; Mason; Bruce & Co, Arbroath
Respondent: Bain, QC; Crown Agent
18 February 2011
[1] On 17 March 2009 after trial at Edinburgh High Court the appellant was convicted of rape. According to the libel, the offence was committed on an occasion between 20 August and 6 September 2007 at the appellant's flat at an address in Edinburgh. The complainer's evidence was that she became acquainted with the appellant through a colleague, JC. The complainer was 17 years old. The appellant was 46. On the day of the incident the complainer went to the appellant's flat to watch DVDs with him. The appellant dragged her into his bedroom, tied her to the bed with dressing gown cords and raped her. She repeatedly said "No" and tried to get away. She was bleeding and in pain. When the appellant untied her she got dressed and let her walk home. The complainer spoke to no-one about the incident until 6 September 2007 when she told JC, who then contacted the police.
[2] On medical examination the complainer was found to have a full length tear in her hymen. Her evidence was that she had been a virgin until the incident.
[3] The Crown also led evidence from two clinical psychologists, Dr Katherine Russell and Dr Erica Robb, who had assessed the complainer. There evidence was to the effect that she had an IQ of only 74, was socially naïve and sexually inexperienced, and had a complete lack of understanding of, or interest in, sexual matters. She was also highly suggestible, compliant and extremely immature emotionally.
[4] The appellant was detained at his flat under section 14 of the Criminal Procedure (Scotland) Act 1995 and cautioned. In reply to the caution he said "I'm flabbergasted. I have only slept with two people since I've been here." He then said "I've slept with Kirsty but she only came on Monday and another girl who lives over there, she's a care assistant. I can't remember her name, she's only 17 and a half years old." This latter description could be taken to refer to the complainer, who lived nearby and worked in a nursing home.
[5] The appellant was taken to St Leonards Police Station where he was interviewed under caution for nearly two hours. He admitted that he had tied up the complainer and had sex with her but said that he had done so with her...
To continue reading
Request your trial