Case archive



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

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

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

‘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

Man who posted ‘Nazi dog’ video has human rights appeal bid dismissed as ‘unarguable and incompetent’

The High Court of Justiciary has published its reasons for rejecting an application for permission to appeal by a man found guilty of posting a “grossly offensive” video online showing a “Nazi dog”.

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

Man convicted of murder following re-trial fails in appeal against ‘excessive’ punishment part

A man found guilty of murder for a second time following a re-trial had had an appeal against his sentence dismissed.

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

Traveller who held man in servitude fails in appeal against conviction

A man who was convicted along with another of holding a vulnerable 20-year-old man in servitude has failed in an appeal against conviction at the High Court of Justiciary Appeal Court.

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

Rapist who claimed delayed distress did not corroborate lack of consent loses appeal against conviction

A man found guilty of rape who claimed that the evidence of the complainer’s distress, which was exhibited more than a day after the incident, was “too remote” to corroborate her account of lack of consent because she did not show any signs of distress in the intervening period has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary — 9 January 2019

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.

Appeal Court of the High Court of Justiciary — 11 December 2018