Case archive



No need for corroboration of absence of reasonable belief of consent in rape cases, appeal court rules

An absence of reasonable belief of consent, a key element of the statutory definition of rape, does not require to be proved by corroborated evidence and no direction on it is required unless it is a live issue at trial, the Criminal Appeal Court has ruled.

Criminal Appeal Court — 11 December 2018

Roofer fails in appeal against attempted murder conviction following ‘self-defence’ claim

A man found guilty of attempting to kill a colleague following a post-work drinking session just days after they first met has had an appeal against his conviction rejected despite claiming he was acting in self-defence.

Criminal Appeal Court — 6 December 2018

Woman loses appeal against ‘perverse’ assault conviction

A woman found guilty of assaulting another woman to her severe injury and permanent disfigurement by repeatedly punching and kicking her on the head and body after the jury deleted from the libel the words “and strike her head against vivarium and repeatedly strike her on the body with glass” has had an appeal against her conviction rejected.

Criminal Appeal Court — 4 December 2018

Royal Blind School sex offender loses appeal against conviction over Crown reference to previous convictions

A man who was found guilty of historical sexual offences including the rape of fellow pupils at the Royal Blind School in Edinburgh has had an appeal against his conviction refused.

Criminal Appeal Court — 20 November 2018

Paedophile loses appeal against conviction over ‘hearsay evidence’ of witness who suffered ‘memory loss’

A man found guilty of sexually abusing three boys who claimed that a police statement given by a witness who could not remember making the statement due to memory loss should not have been admitted as evidence has had an appeal against his conviction rejected – despite the fact appeal judges ruled that the hearsay evidence should not have been allowed.

Criminal Appeal Court — 19 November 2018

Schoolboy detained for knife attack on fellow pupil wins appeal against custodial sentence

A schoolboy who was sentenced to 12 months’ detention for slashing a fellow pupil with a knife during a fight in the school canteen has successfully appealed against a sheriff’s decision to impose a custodial sentence.

Criminal Appeal Court — 13 November 2018

Sex offender wins appeal against extended sentence

A man convicted of unlawful sexual activity with a 14-year-old girl has successfully challenged a sheriff’s decision to impose an extended sentence.

Criminal Appeal Court — 31 October 2018

Motorist who drove at cyclist wins appeal against assault conviction over sheriff’s misdirection on ‘mixed statements’

A man found guilty of driving his car at a cyclist who had stolen his girlfriend’s bike and causing him severe injury before punching the thief’s friend has had his conviction quashed following an appeal.

Criminal Appeal Court — 22 October 2018

Woman convicted of attempted murder loses appeal over ‘provocation’ claim

A woman found guilty of attempted murder who claimed that the trial judge misdirected the jury by failing to give directions on provocation has had her appeal against conviction rejected.

Criminal Appeal Court — 11 October 2018

Crown appeal against ‘unduly lenient’ extended sentence refused

Criminal Appeal Court — 24 September 2018