Gracey v HM Advocate
| Jurisdiction | Scotland |
| Judgment Date | 13 March 1987 |
| Date | 13 March 1987 |
| Docket Number | No. 11. |
| Court | High Court of Justiciary |
JC
L.J.-C. Ross, Lords Dunpark, Wylie.
Evidence — Sufficiency — Rape — Whether complainer's evidence corroborated by evidence of her distressed state immediately or shortly after the incident.
The appellant was tried on indictment with the rape of X. The jury, by a majority found him guilty under deletion of certain minor matters on the indictment. The evidence against him derived from the complainer and witnesses who spoke to her distressed state shortly after the incident. W., a friend of the complainer and to whom she had gone immediately after the incident spoke to the complainer being incoherent, crying and extremely upset. W. also stated that the complainer was given to fantasising and making up damaging stories and had done so in the past. There was also evidence from M., a defence witness, who lived below the complainer who had heard crying upstairs at a time when the appellant was with the complainer, or at least shortly after he had left. The appellant's evidence was to the effect that he admitted having had sexual intercourse with the complainer but that she had consented to this.
Held (1) that there was sufficient evidence in law to corroborate the complainer's evidence; (2) that since the jury convicted, it must be assumed that they found the complainer to be a credible witness and there was material which they were entitled to rely on which was sufficient to corroborate the complainer's account; and appeal against conviction refused.
Yates v. H.M. AdvocateSC 1990 J.C. 378 (Note)followed.
Walter Gracey was charged on an indictment at the instance of the Rt. Hon. the Lord Cameron of Lochbroorn, Q.C., Her Majesty's Advocate, the libel of which set forth that:—"[O]n 16th August 1985 in house occupied by [X] you did assault said [X] pull her from a chair, pull her by the arms, throw her on a couch...
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