Notes Of Appeal Against Conviction By (first) James Adam And (second) Brian Daisley
| Jurisdiction | Scotland |
| Judge | Lord Justice General,Lord Turnbull,Lord Justice Clerk |
| Neutral Citation | [2020] HCJAC 5 |
| Court | High Court of Justiciary |
| Docket Number | HCA/2019/216/XC and HCA/2019/121/XC |
| Date | 24 January 2020 |
| Published date | 24 January 2020 |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2020] HCJAC 5
HCA/2019/216/XC and HCA/2019/121/XC
Lord Justice General
Lord Justice Clerk
Lord Turnbull
OPINION OF THE COURT
delivered by LORD CARLOWAY, the LORD JUSTICE GENERAL
in
NOTES OF APPEAL AGAINST CONVICTION
by
(FIRST) JAMES ADAM and (SECOND) BRIAN DAISLEY
Appellants
against
HER MAJESTY’S ADVOCATE
Respondent
Appellant (Adam): O’Rourke QC, Harvey; Paterson Bell (for Black & Markie, Dunfermline)
Appellant (Daisley): CM Mitchell QC, McElroy; Paterson Bell
Respondent: Borthwick AD; the Crown Agent
24 January 2020
Introduction
[1] These two appeals raise a question about the application of mutual corroboration in
cases involving charges libelling the sexual abuse of children by adults, when there is a
significant gap in time between the abuse of the different complainers. This involves a
2
consideration of whether there requires to be a special or compelling feature in such cases
and whether a jury must be directed specifically in those terms.
Mr Adam
General
[2] On 28 March 2019, at the High Court in Edinburgh, Mr Adam was found guilty of
seven charges involving the sexual abuse of three complainers. These can be divided into
two blocks; with the earlier of these enveloping four charges. The first charge involved
lewd, indecent and libidinous practices in the years 1975 to 1977 towards LC, who was then
aged between 10 and 12. The second libelled similar practices in the years 1977 to 1981,
when LC was aged between 12 and 16, contrary to section 5 of the Sexual Offences
(Scotland) Act 1976. The third involved one occasion of lewd, indecent and libidinous
practices in 1976 towards AH, who was then aged 12. The libel of this charge also involved
the use of the same practices towards LC, contrary to section 4(1)of the Criminal Law
Amendment Act 1922. The fourth charge was the rape of LC some time in 1980 or 1981,
when she would h ave been aged 15.
[3] The later block of charges involved, first (charge 5), lewd, indecent and libidinous
practices in the years 1988 to 1996 towards LD, when
she was aged between the ages of 4 and 13. Secondly (char ge 7) it involved the same
practices in the years 1996 to 2000, when LD was aged between 12 and 16, contrary to
section 6 the Criminal Law (Consolidation) (Scotland) Act 1995. The final charge (8) was a
libel of a single episode of indecent assault on LD, in 2001, by digital penetration.
[4] On 23 April 2019, the trial judge sentenced Mr Adam, who was then aged 81, to
8 years imprisonment.
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