Case archive



Man who pled guilty to assault but claimed ‘mental disorder’ fails in ‘defective representation’ appeal

A man who pled guilty to a violent assault who claimed he was the victim of a “miscarriage of justice” because he may have been suffering from a “mental disorder” at the time of the offence has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 26 March 2020

Criminal Appeal Court upholds firearms convictions after rejecting ‘hearsay’ claim

Two men found guilty of firearms offences have failed in an appeal against their convictions.

Appeal Court of the High Court of Justiciary 25 March 2020

Woman’s drugs conviction quashed over ‘unfair’ police questioning

A woman found guilty of being concerned in the supplying of heroin and speed after the drugs were found during a police search of her home has had her conviction quashed following an appeal.

Appeal Court of the High Court of Justiciary 24 March 2020

Criminal Appeal Court quashes order to recover rape complainer’s medical records in petition to ‘nobile officium’

A complainer in a rape and domestic abuse assault case successfully challenged a court order authorising the accused to recover her medical records in a bid to disclose any “mental health problems”.

Appeal Court of the High Court of Justiciary 27 February 2020

Murder conviction quashed after amended charge resulted in ‘contradictory’ verdict

A man found guilty of murdering his friend after causing him to fall down a flight of stairs and repeatedly kicking and stamping on his head and body has successfully appealed against his conviction.

Appeal Court of the High Court of Justiciary 18 February 2020

Appeal against cannabis growing and supplying conviction refused despite sheriff’s ‘misdirection’ on concert 

The High Court of Justiciary Appeal Court held that the concept of “art and part guilt” had “no part to play” in establishing the statutory offence under section 4(3)(b) of the Misuse of Drugs Act 1971, but ruled that the misdirections did not result in a miscarriage of justice because the evidence against the appellant was “virtually irresistible”. The appellant had been sentenced to three-and-a-half years’ imprisonment on the production charge and six months on the supply charge, to be serviced consecutively, but the appeal judges ruled that the periods should run concurrently.  ‘Commercial cultivation’ Lord Malcolm, Lord Tur

Appeal Court of the High Court of Justiciary 13 February 2020

Robber whose DNA was found on torch inside house fails in appeal against conviction 

A man who was found guilty of breaking into a dead person’s home and stealing a quantity of jewellery after his DNA was found on a torch which was left in the property has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 10 February 2020

Right-wing extremist fails in appeal against two-year sentence for downloading terrorist manuals

A right-wing extremist convicted of downloading “sinister, violent and disturbing” terrorist material has had an appeal against his prison sentence dismissed.

Appeal Court of the High Court of Justiciary 31 January 2020

Criminal Appeal Court clarifies application of ‘mutual corroboration’ in child sex abuse cases

Two men found guilty of child sexual offences on the basis of the principle of “mutual corroboration” who claimed that there were insufficient similarities between the offences to demonstrate a “course of conduct” have had their appeals against their convictions rejected.

Appeal Court of the High Court of Justiciary 29 January 2020

Heroin dealer who claimed DNA evidence was ‘insufficient’ fails in appeal against conviction

A man found guilty of being concerned in the supply of heroin who claimed that DNA evidence linking him with the bags in which the drugs were found was insufficient for the jury to draw an inference of guilt has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 23 January 2020

Man facing trial for sexual offences fails in appeal to lead evidence of ‘false allegations’

A man accused of sexual offences against his partner and son who was seeking to introduce evidence that the mother of their children had induced her sons to make false allegations against him and others has had his application rejected.

Appeal Court of the High Court of Justiciary 21 January 2020

Foreign student who fraudulently claimed £23,000 for course fees admonished after appeal court quashes custodial sentence 

A foreign student who pled guilty to fraud after falsely claiming she had indefinite leave to remain in order to obtain £23,000 in student funding to pay for a nursing course has successfully appealed against her 14-month prison sentence.

Appeal Court of the High Court of Justiciary 20 January 2020

Rapist who claimed amended charge caused him ‘prejudice’ loses appeal against conviction

A man found guilty of the repeated rape of his former partner and her granddaughter on the basis of the doctrine of “mutual corroboration” has had an appeal against his conviction refused.

Appeal Court of the High Court of Justiciary 14 January 2020

Man acquitted of rape who skipped court for Ibiza wins appeal against sentence

A man acquitted of rape following a trial who was jailed for three years after being found guilty of a separate charge of failing to appear for a preliminary hearing of his case – because he had gone to Ibiza – has had his sentence reduced on appeal.

Appeal Court of the High Court of Justiciary 13 January 2020

Criminal Appeal Court issues guidance on sentencing discounts for returned prisoners 

A man who admitted a domestic assault charge after being released from prison on licence following a previous conviction for housebreaking has had his sentence for the latest offence reduced from 27 months to 17 months on appeal, in a new guideline judgment on how to take into account time spent on remand following a guilty plea.

Appeal Court of the High Court of Justiciary 7 January 2020