Case archive

Crown entitled to use evidence from children’s hearing to prosecute alleged sex offender, but evidence held ‘inadmissible’ due to erroneous legal advice

A man accused of sexual offences against his daughter has successfully challenged an attempt by prosecutors to rely on his admissions to a children’s hearing as evidence to corroborate the charges in the criminal proceedings against him.

High Court of Justiciary 10 July 2019

Mother wins appeal against conviction for assaulting police officers who ‘unlawfully’ entered home

A mother who was found guilty of assaulting two police officers who unlawfully entered her home and tried to detain her has successfully appealed against her conviction.

High Court of Justiciary 2 May 2019

A sleeping person is not capable of consenting to sex, appeal court rules in rape case

A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected.

High Court of Justiciary 29 April 2019

Evidence of non-penetrative sexual assault capable of providing ‘mutual corroboration’ of rape, appeal court rules

A man found guilty of rape who claimed that evidence of a charge of sexual assault could not provide “mutual corroboration” for the rape charge has had an appeal against his conviction rejected.

High Court of Justiciary 24 April 2019

Criminal Appeal Court clarifies corroborative status of CCTV evidence 

The High Court of Justiciary has clarified the status of CCTV footage for the purposes of corroboration, confirming that where the only evidence of the crime libelled is the recorded footage and where its provenance is established, it can provide “sufficient evidence” of the “actus reus” of an offence.

High Court of Justiciary 1 March 2019

Crown wins ‘mutual corroboration’ appeal to restore conviction of man caught repeatedly masturbating in view of neighbour

A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour, who had partially succeeded in an appeal due to a lack of corroboration, has had his original conviction restored after the Crown appealed against appeal court’s decision. 

High Court of Justiciary 8 February 2019

Mid-trial admission of CCTV evidence did not lead to miscarriage of justice in knife assault case, appeal court rules

A man found guilty of attacking another man with a meat cleaver, who claimed that a sheriff was wrong to allow CCTV footage to be introduced as evidence after its existence only became apparent during the trial, has had an appeal against his conviction refused.

High Court of Justiciary 17 December 2018

Extended sentence for man who possessed and shared extreme child sex abuse images was ‘entirely appropriate’

A man who claimed he did not pose a “serious risk of harm to the public” after being given an extended sentence for possessing and distributing indecent images of children has had an appeal against a sheriff’s decision to impose an extension period dismissed.

High Court of Justiciary 23 November 2018

Man convicted of rape fails in ‘fresh evidence’ appeal despite complainer’s retraction

A man found guilty of the repeated rape of a former partner who claimed he was the victim of a “miscarriage of justice” based on “fresh evidence” that the complainer had sent a message to police stating that she had put “an innocent man in jail” has had his appeal against conviction refused.

High Court of Justiciary 12 November 2018

Young offenders cannot get off ‘scot-free’, appeal judges rule in refusing appeals against custodial sentences

Two teenagers who were given custodial sentences after one pled guilty to behaving in a threatening and abusive manner and the other admitted a charge of assault have had their appeals against the sentences imposed rejected.

High Court of Justiciary 9 October 2018