Turner v Scott
| Jurisdiction | Scotland |
| Judgment Date | 03 May 1995 |
| Docket Number | No 26 |
| Date | 03 May 1995 |
| Court | High Court of Justiciary |
JC
Lords Sutherland, Johnston, Wylie
Evidence — Sufficiency — Corroboration — Indecent assault — Correlation of time, character and circumstances — Whether evidence of one complainer to one offence corroborated evidence of other complainer to other offence when incidents separated by almost three years — Whether sufficient evidence to convict
Sentence — Indecent assault — Serving police officer committing indecent assault on two nieces — Whether custodial sentence excessive — Whether community service appropriate
A serving police officer appeared on a summary complaint libelling two offences of indecent assault in respect of his adult nieces. The first charge libelled an incident in 1990 when, at the complainer's home, the pannel had placed his hand up her T-shirt, lifted her bra and kissed her breasts. The second charge libelled an offence in 1993 when the pannel went to the second complainer's home, embraced her, pulled her dressing gown open and put his hand on her bare thigh. In respect of each offence, when told to desist, the pannel duly did so. The sheriff found there was sufficient correlation in time, character and circumstances to justify the application of the rule in Moorov v HM AdvocateSC1930 JC 68 so as to provide mutual corroboration in respect of each offence although each offence was spoken to by only one witness. The appellant appealed to the High Court against conviction.
Held (1) that, although this was a borderline case, the sheriff had had the advantage of hearing both complainers and was able to form his own view as to the coherence of their evidence and the coherence of the circumstances and character of the offences; (2) that, there was no hard and fast rule about the matter of time between the offences and each case depended upon its own facts; (3) that, despite the length of time involved in the case, there was sufficient coherence and character in the circumstances to allow the application of theMoorov doctrine; but (4) that, having regard to the whole circumstances and, in particular, the pannel's loss of employment as a police officer, a non-custodial disposal was appropriate; and appeal against conviction refused; and sentence of 150 hours community service substituted for term of imprisonment.
Russell v HM AdvocateSC 1990 JC 177 distinguished.
Garry Crawford Turner was charged in the sheriffdom of Tayside, Central and Fife at Falkirk, on a summary complaint, at the instance of George Ewen Scott, procurator fiscal there, the libel of which set forth, inter alia, that: “(2) [B]etween 3 June 1990 and 31 December 1990, both dates inclusive, the precise date to the complainer unknown, in the house at … Banknock, occupied by [PM], [you did] indecently assault [AM], then residing there, your niece, kneel between her legs, hold her hands behind her back, attempt to kiss her, place your hands inside her shirt and attempt to loosen her brassiere, pull up the front of her shirt, lift her brassiere, and kiss her on the breasts; and (3) on 25 May 1993 in the house at … Carron, occupied by [PT], [you did] indecently assault [CM, your niece] and place your arms around her, place your hand under her nightshift and handle her naked...
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