Case archive



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

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

Young motorist who caused serious injury by dangerous driving has ‘excessive’ custodial sentence reduced

A motorist who was jailed after being found guilty of causing “serious injury by dangerous driving” has had his custodial sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 18 November 2019

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

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

Rapist convicted of assaulting fellow prisoner fails in appeal against order for lifelong restriction

A serial offender who was sentenced to an order for lifelong restriction (OLR) following his fourth High Court appearance has had an appeal against a judge’s decision to impose the OLR rejected.

Appeal Court of the High Court of Justiciary 13 March 2019

Teenager convicted of assault wins appeal against custodial sentence

A teenager who was sentenced to 18 months’ detention after being convicted of assault has had his custodial sentence quashed following an appeal.

Appeal Court of the High Court of Justiciary 8 January 2019

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.

Appeal Court of the High Court of Justiciary 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.

Appeal Court of the High Court of Justiciary 31 October 2018

Crown appeal against ‘unduly lenient’ extended sentence refused

Appeal Court of the High Court of Justiciary 24 September 2018

Appeal against sentence allowed after sheriff ‘misdirected’ herself on question of discount

A man who was jailed for 22 months for throwing a paving stone through a neighbour’s window has had his sentence reduced following an appeal after he successfully challenged the level of discount afforded by the sentencing sheriff.

Appeal Court of the High Court of Justiciary 21 May 2018