Case archive

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”.

Criminal Appeal Court — 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.

Criminal Appeal Court — 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.

Criminal Appeal Court — 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.

Criminal Appeal Court — 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.

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

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

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

Husband accused of assaulting wife fails in appeal to recover psychiatric report

A man accused of assaulting his wife has failed in an appeal to recover a psychiatric report which he claimed would assist his defence by bringing her credibility and reliability into question.

Criminal Appeal Court — 13 January 2015

Criminal Appeal Court refuses appeal against ‘oppressive’ restrictions on internet use

A man who was given a community payback order with restrictions on his internet use after being convicted of an attempt at “communicating indecently with an older child” has failed in an appeal against sentence.

Criminal Appeal Court — 28 August 2015

Relatives of Lockerbie victims do not have ‘legitimate interest’ in pursuing appeal - Criminal Appeal Court publishes opinion

The Criminal Appeal Court has published its opinion following the refusal of an application by relatives of Lockerbie bombing victims who were seeking to pursue an appeal on behalf of the man convicted of the atrocity in which 270 people were killed.

Criminal Appeal Court — 13 August 2015