WILLIAM BECK v. HER MAJESTY'S ADVOCATE

APPEAL AGAINST CONVICTION FOLLOWING A REFERENCE FROM THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION

[2] The report from the trial judge (Lord Dunpark), who is long since deceased, is in short compass. This is understandable, having regard to the very limited grounds of appeal initially advanced ( infra ). Having described the appeal as "unstateable", it records the following:

"A number of witnesses spoke to the two robbers running away in a certain direction and getting into a car. The evidence culminated in the positive identification by two witnesses, PC [M] and [KA], of the accused as the driver of this car. My narration of the relevant evidence is contained on pages 14A to 22C [of the charge]".

[3] The judge's charge, which was extended at the time of the original appeal, gives a reasonably clear summary of the testimony given in the context of the critical issue of identification. However, it is indeed a summary and it is impossible for the court to gauge the strengths and weaknesses of the testimony in anything like the manner open to the jury who heard it over what was a two day trial.

[5] The second post office worker had said that he had not seen the faces of either of the robbers. He made no identification. However, he did say that one of the robbers had been wearing a dark anorak-type jacket, which he identified as similar to a dark blue anorak recovered from the appellant. The trial judge then commented that there are "any number of these anoraks about".