Moorov v HMA

Moorov (Samuel) v HM Advocate (1930 J.C. 68, 1930 S.L.T. 596)(additional citation 1930 J.C. 68) is a famous case in Scots criminal law based on criminal evidence and the admissibility of similar fact evidence. The case established a precedent named the Moorov doctrine.

The essential facts of the case are where the accused was an employer who had allegedly committed a string of sexual offences regarding 19 of his female employees over the period of four years, with a total of 21 counts. There was corroboration of evidence available for 3 counts. This case brought light on the original course of similar fact evidence which was generally regarded as inadmissible in court. It created a "course of conduct" which related from a connection of special circumstances, such as recurring sexual offences, similar to the case itself. The course of conduct is sufficient as it determines the use of corroboration for each victim involved.

It is found that in incidents where intercourse is admitted and distress is proven, distress can corroborate.

"It is acknowledged that the recommendation to remove the requirement for corroboration will attract particular comment and, no doubt, criticism. There may be further consequences of abolition that will need to be worked through, as the criminal justice system is progressively reformed. This is the nature of law in society. But the initial decision, which has to be taken, is whether, of itself, corroboration continues to contribute more than it detracts from a fair, efficient and effective system."

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