Louise McDougall

Go to Database Search Page

Go to Database Index Page

Charge:	Assault (Including Battery)
Sentence:	3 years
Years Imprisoned:	0.67
Year Crime:	2013
Year Convicted:	2015
Year Cleared:	2015
U.S. State or Country of Crime:	United Kingdom
County or Region of Crime:	Scotland
City of Crime:	Dundee
Result:	Judicially Exonerated
Summary of Case:	"Louise McDougall was wrongly convicted on January 28, 2015 of assault and attempting to pervert the course of justice in Dundee, Scotland. McDougall, a 24-year-old deaf woman who can't speak, was tried in the Dundee Sheriff Court of assaulting an 87 year-old man on December 29, 2013. Prior to the start of the trial the sheriff (judge) denied the objection of McDougall's counsel that the court assigned interpretor for the alleged "victim" was a longtime friend of the alleged victim, so he should be provided with an impartial interpretor. McDougall's defense was that the gentleman attempted to sexually assault her and she acted in self-defense. After her conviction and sentence of three years in prison, McDougall appealed. On .September 16, 2015 Scotland's High Court of Justiciary overturned McDougall's conviction as a miscarriage of justice on the basis she was prejudiced by the sheriff's (judge) failure to appoint an impartial interpretor. The Court's ruling states: "The apparent confidence or ease with which the interpreter appears to convert what is communicated by the witness into English does not, of itself, enable any conclusion to be reached as to its accuracy. Rather, it is a matter of trust. The court trusts the interpreter to do the job properly, professionally and never losing sight of the role of an interpreter being limited to that of independent and impartial bi-lingual mouthpiece. That, in turn, elevates the importance of taking all reasonable steps to ensure that the accuracy and objectivity of interpretation cannot be impugned. We cannot, in all the circumstances, conclude that the risk of prejudice to the appellant was, in the event, eliminated. Rather, we are satisfied that a miscarriage of justice occurred.""
Conviction Caused By:	Prejudicial error by trial judge in denying McDougall's request for appointment of an impartial interpretor for the complainant.
Innocence Proved By:	"On .September 16, 2015 Scotland's High Court of Justiciary overturned McDougall's conviction as a miscarriage of justice on the basis she was prejudiced by the sheriff's (judge) failure to appoint an impartial interpretor."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	24
Age When Released:	24
Sex:	Female
Skin/Ethnicity:	White
Information Source 1:	"Louise McDougall v. Her Majesty's Advocate, [2015] HCJAC 88 (Scotland's High Court of Justiciary, 9-16-2015) (Quashing conviction and not ordering retrial.)"
Information Location 1:	http://www.scotcourts.gov.uk/search-judgments/judgment?id=0983f2a6-8980-69d2-b500-ff0000d74aa7
Information Source 2:	"Woman who assaulted deaf pensioner wins appeal against conviction because victim knew interpreter, By Staff writer, Scottish Legal News"
Information Location 2:	http://www.scottishlegal.com/2015/10/22/woman-who-assaulted-deaf-pensioner-wins-appeal-against-conviction-because-victim-knew-interpreter/
Information Source 3:
Information Location 3:
Information Source 4:
Information Location 4:
Information Source 5:
Information Location 5:
Book About Case:
Book Information:
Book About Case (2):
Book Information (2):
Movie About Case:
Comments About Case:

Go to Database Search Page

Go to Database Index Page

Louise McDougall

Charge:

Assault (Including Battery)

Sentence:

3 years

Years Imprisoned:

0.67

Year Crime:

2013

Year Convicted:

2015

Year Cleared:

2015

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Scotland

City of Crime:

Dundee

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Prejudicial error by trial judge in denying McDougall's request for appointment of an impartial interpretor for the complainant.

Innocence Proved By:

"On .September 16, 2015 Scotland's High Court of Justiciary overturned McDougall's conviction as a miscarriage of justice on the basis she was prejudiced by the sheriff's (judge) failure to appoint an impartial interpretor."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

24

Age When Released:

24

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Louise McDougall v. Her Majesty's Advocate, [2015] HCJAC 88 (Scotland's High Court of Justiciary, 9-16-2015) (Quashing conviction and not ordering retrial.)"

Information Location 1:

http://www.scotcourts.gov.uk/search-judgments/judgment?id=0983f2a6-8980-69d2-b500-ff0000d74aa7

Information Source 2:

"Woman who assaulted deaf pensioner wins appeal against conviction because victim knew interpreter, By Staff writer, Scottish Legal News"

Information Location 2:

http://www.scottishlegal.com/2015/10/22/woman-who-assaulted-deaf-pensioner-wins-appeal-against-conviction-because-victim-knew-interpreter/

Information Source 3:

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: