HMA V STEPHEN INGRAM 2018
Mr Ingram was found guilty in 2017 of various domestic offences and appealed his convictions as his former partner and the complainer in the case denied that she had been assaulted by him. The appellant claimed that the sheriff erred in not upholding a defence submission of “no case to answer”.
However the appeal court decided that the combined evidence of all the other witnesses was enough. The court in the first instance relied on strong evidence of the victim, Melissa Edgar’s, neighbours of the couples flat in Dundee. A neighbour heard the victim crying and screaming for help and she also heard her children scream. Another witness also saw the victim the same night with a bashed up face.
This was corroborated by another neighbour who was woken up by the attack and a further neighbour who the victim shouted help me to. This witness also saw the accused red car zooming away when the police came and he formed the view that he was the person attacking his partner. The police also witnessed a disturbance in the flat and saw the victim injured with a bloody nose.
The victim however denied this all and stated that her partner was in Newcastle and that he was not at the scene. On appeal the crown stated that the conviction should be upheld as there was great circumstantial evidence in this case.
Refusing the appeal, the judges admitted that it was in the “slightly unusual position” of not being able to rely on the evidence of the person whom it alleged was the victim in each charge. Lord Turnbull said: “In our opinion these combined adminicles of evidence entitled the jury to conclude that the assault on Ms Edgar was perpetrated by the appellant and that he was the person responsible for committing charge 1.
For these reasons we are satisfied that the sheriff was correct to repel the submission of no case to answer made, and the appeal against conviction on both charges must be refused.”