I (N) v HM Advocate [2018] HCJAC 66
A man accused of a series of rapes and other sexual offences has had his appeal against conviction refused, despite his leading fresh evidence in the form of a statement from a witness that the complainer had described to her an act of consensual intercourse on the occasion in question, and a message by the complainer to the police that she was going to end her life as she had helped put an innocent man in jail.
The Criminal Appeal Court held that while, viewed in isolation, the evidence was potentially significant, when viewed in the context of the trial, when other significant matter relating to the complainer’s credibility was before the jury, no miscarriage of justice had occurred.