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Introduction [1] On 2 April 2012 at a continued preliminary hearing at the High Court at Edinburgh the appellant pled guilty to a charge in the following terms:
"(1) On two occasions between 22 April 2008 and 28 February 2009, both dates inclusive, at [various places in Perthshire] you did assault CH, born 16 April 1997, care of Tayside Police, Perth, penetrate her vagina with your penis and did rape her."
As originally libelled the charge included reference to "various occasions" and a number of further loci . Pleas of not guilty to the remaining charges were accepted by the Crown.
Note of Appeal [3] In this appeal the appellant seeks to withdraw his plea of guilty to charge (1). In the note of appeal, in a series of numbered paragraphs, the procedural history of the case is set out and paragraph 7 concludes:
"It is submitted that in the whole circumstances as narrated above, that particularly having regard to the appellant's limited level of intellectual functioning, that the plea of guilty was tendered under real error and misunderstanding and that a miscarriage of justice has occurred."
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Common Room
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