Tortoise
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I think the confusion has to do with different types of facts/findings.
Primary factual findings are different from inferences of fact. I think there is such a thing as secondary factual findings as well, but hopefully someone with legal training might step in to assist with their knowledge.
I think I'm right in thinking that a primary factual finding might be that 4 shots were fired. There is hard evidence for it and it has been agreed by both sides.
An inference of fact is, as was written in the trial judgement (p3329) - "the accused's erroneous belief that his life was in danger excludes dolus."
That is not a factual finding that cannot be overturned by the SCA - it is a conclusion that could be challenged if the law on dolus was not correctly applied.
Primary factual findings are different from inferences of fact. I think there is such a thing as secondary factual findings as well, but hopefully someone with legal training might step in to assist with their knowledge.
I think I'm right in thinking that a primary factual finding might be that 4 shots were fired. There is hard evidence for it and it has been agreed by both sides.
An inference of fact is, as was written in the trial judgement (p3329) - "the accused's erroneous belief that his life was in danger excludes dolus."
That is not a factual finding that cannot be overturned by the SCA - it is a conclusion that could be challenged if the law on dolus was not correctly applied.