Case archive



Man who broke into Army property fails to establish exceptional circumstances in firearms offence but has overall sentence length reduced

The sentence of a man convicted of breaking into a British Army building and stealing dummy rifles as well as possessing a prohibited firearm under the Firearms Act 1968 has been reduced on appeal in relation to the theft charge owing to his original sentences being regarded as excessive when taken cumulatively.

Appeal Court of the High Court of Justiciary — 25 June 2019

Crown wins rape case appeal against ‘no case to answer’ ruling on complainer’s ‘consent’ 

The Crown has successfully appealed against a trial judge’s decision to sustain a “no case to answer” submission by a man accused of the abduction, assault and rape of his partner, who had given evidence that she “consented” to sex “but just to calm him down”. The trial judge had held that the complainer’s testimony did not amount to rape because she

Appeal Court of the High Court of Justiciary — 19 June 2019

Removal of screen to enable dock identification of domestic abuser ‘should not have occurred’

Appeal judges have criticised a sheriff’s decision to allow the removal of a screen behind which a domestic abuse victim had given evidence against her former partner in order for a dock identification to take place.

Appeal Court of the High Court of Justiciary — 18 June 2019

Computer expert loses appeal against conviction for possession of indecent images of children

A computer repair expert found guilty of being in possession of indecent images of children who claimed that he did not have knowledge of the photographs has had an appeal against his conviction dismissed.

Appeal Court of the High Court of Justiciary — 17 June 2019

Crown wins appeal against ‘no case to answer’ ruling in alleged rape case

Prosecutors have successfully challenged a judge’s decision to uphold a “no case to answer” submission made during a rape trial.

Appeal Court of the High Court of Justiciary — 13 June 2019

Rapist who claimed judge ‘misdirected’ the jury on consent loses appeal against conviction 

A man found guilty of two charges of rape who claimed that the trial judge “distracted” the jury by giving an “inappropriate and unnecessary” direction on the issue of reasonable belief of consent has had an appeal against his convicted rejected.

Appeal Court of the High Court of Justiciary — 11 June 2019

British citizen wins appeal against extradition to Taiwan

A British citizen wanted by authorities in Taiwan to serve a prison sentence after he was found guilty of negligent manslaughter following a drink-driving accident has successfully appealed against an order for his extradition.

Appeal Court of the High Court of Justiciary — 7 June 2019

Armed robber who claimed ‘miscarriage of justice’ over alleged misdirection loses appeal against conviction 

A man found guilty of an armed robbery committed while wearing a Mexican wrestling mask who claimed he suffered a “miscarriage of justice” as a result of the advocate depute’s speech to the jury on the forensic evidence has had his appeal against conviction rejected.

Appeal Court of the High Court of Justiciary — 6 June 2019

Criminal Appeal Court issues judgment on sentencing of ‘statutory child’

The Crown has successfully challenged the sentence of detention in a young offenders’ institution imposed on a 16-year-old boy convicted of sex offences.

Appeal Court of the High Court of Justiciary — 5 June 2019

Murderer who claimed ‘miscarriage of justice’ over 999 call evidence loses appeal against conviction

A man found guilty of murder who claimed that the trial judge’s decision to refuse to allow part of a 999 call to be played in court, during which recording a voice could be heard saying words to the effect that one of his co-accused “did it”, has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary — 31 May 2019

Man found guilty of theft by housebreaking who claimed ‘no case to answer’ fails in appeal against conviction

A man found guilty of theft by housebreaking who claimed there was “insufficient evidence” that he was at the scene of the crime at the time of the offence has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary — 28 May 2019

Murderer’s appeal against conviction over judge’s ‘misdirection’ on diminished responsibility rejected

A man found guilty of murder after taking a cocktail of drink and drugs who claimed that he was suffering from “abnormality of mind” at the time of the killing has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary — 15 May 2019

Sex offender fails in legal bid for more time to appeal against conviction

A man found guilty of attempted rape who failed to lodge an appeal within the statutory time limits has had an application for an extension of time to challenge his conviction rejected.

Appeal Court of the High Court of Justiciary — 10 May 2019

Man convicted of violent domestic assaults fails in appeal for sentence discount for guilty plea

A man who was jailed for four years after pleading guilty to serious and violent assaults against his former partner has failed in an appeal to have his sentence reduced.

Appeal Court of the High Court of Justiciary — 8 May 2019

‘Ruff justice’ appeal rejected as judges confirm destruction of dangerous dog

A dog-owner who challenged a sheriff’s decision to order the destruction of her pet Bullmastiff after it attacked a passer-by and another dog has had her appeal dismissed.

Appeal Court of the High Court of Justiciary — 3 May 2019