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[1] The appellant was convicted at Elgin Sheriff Court on 23 July 2007 of two charges in the following terms:-
The appellant was subsequently sentenced to 3 years' imprisonment in respect of those convictions.
[2] The appellant appealed against his conviction on those two charges on a number of grounds. At the conclusion of the hearing of his appeal against conviction on 19 February 2009 the Court announced that the appeal was allowed on one of those grounds and that the Court's reasons for doing so would be issued in writing in due course. In these circumstances this Opinion is confined to the ground of appeal on which the appeal was allowed. That ground of appeal was set out in the Note of Appeal in the following terms:-
[3] The first passage of the sheriff's charge to which that ground of appeal refers runs as follows:-
"The next direction which I have to give you is in relation to the statements and responses made by the accused himself when he was interviewed by the police, because these were exculpatory statements. And depending on what view you take of it, these responses could point to the accused's innocence.
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