R v W(CA222/06)

In the case of R v W (CA222/06), the Court of Appeal dismissed the appellant's appeal against his conviction and sentence. The appellant, a close relative of the complainant, was found guilty by a jury of one count of rape and one count of sexual violation by digital penetration. The trial took place in the District Court before Judge MacAskill and a jury, and the appellant was sentenced to 15 years imprisonment. The appellant's appeal against conviction was based on alleged errors in the trial process, which fell into three broad categories: interventions by the trial judge, recall of a prosecution witness after counsel had presented their closing addresses, and errors in the judge's summing-up. The appellant argued that these errors, individually or cumulatively, rendered the guilty verdicts unsafe. The Court of Appeal found that none of the grounds of appeal had been made out and dismissed the appeal against conviction accordingly. The appeal against sentence was also dismissed as it had been abandoned. Given the close relationship between the appellant and the complainant, the Court ordered that the name or identifying particulars of the appellant should not be published.