Case archive

Juror who accessed Facebook to check identity of witness fails in appeal to Nobile Officium against contempt of court finding

A juror who was found in contempt of court after using social media to check the identity of a witness has failed in an appeal against a sheriff’s decision.

High Court of Justiciary 27 October 2015

Woman who assaulted deaf pensioner wins appeal against conviction because victim knew interpreter

A woman jailed for assaulting a deaf pensioner for whom she had previously performed “sexual favours” has had her conviction quashed because the complainer knew the sign language interpreter at her trial.

High Court of Justiciary 22 October 2015

Man who secretly shared intimate photograph of woman fails in appeal against registration as ‘sex offender’

A man who secretly took a screenshot of a photograph of a woman’s private parts from her mobile phone and sent it to a third party has had an appeal to be taken off the sex offenders register refused.

High Court of Justiciary 21 October 2015

Trial of man accused of historical child sex offences deserted due to Crown ‘oppression’

The trial of a man accused of historical child sex offences has collapsed after prosecutors included charges on the indictment for which they had “no supporting evidence”.

High Court of Justiciary 12 October 2015

Baby-shaking assault father successfully challenges ‘excessive’ sentence

A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal.

High Court of Justiciary 5 October 2015

Extradition to Poland for ‘minor’ alleged offence would be ‘disproportionate’, Criminal Appeal Court rules

A man accused of fraud has successfully challenged a sheriff’s decision to order his extradition to Poland after the Criminal Appeal Court ruled that the offence he was accused of was “minor”.

High Court of Justiciary 19 August 2015

Cross-examination of sexual assault complainer ‘should not extend to witness intimidation’ – Lord Justice Clerk

The right to cross-examination of an alleged sexual assault victim “does not extend to insulting or intimidating a witness” and trial judges should intervene where questioning “strays beyond proper bounds”, the Lord Justice Clerk has said.

High Court of Justiciary 14 August 2015

Father convicted of harassing estranged wife wins appeal against order preventing contact with his children

A father-of-three who was convicted of a statutory breach of the peace after threatening his estranged wife has successfully challenged a sheriff’s decision to impose a non-harassment order in relation to his children.

High Court of Justiciary 30 July 2015

‘Mutual corroboration’ could not be applied in case of uncle accused of sexually abusing niece and nephew

A man accused of sexually abusing his niece and nephew has been acquitted after a judge upheld a “no case to answer” submission.

High Court of Justiciary 29 July 2015

Man convicted of public indecency loses appeal against registration as sex offender

A man who pled guilty to charge of common law public indecency after a woman performed a sex act on him on the back seat of a bus has failed in a challenge to a sheriff’s ruling to place him on the sex offenders register.

High Court of Justiciary 28 July 2015

Man’s conviction for electricity theft overturned as police entered property without warrant

A man found guilty of stealing electricity has seen his conviction overturned because police officers failed to secure a warrant before searching his home.

High Court of Justiciary 15 July 2015

Convicted rapist's petition to the nobile officium dismissed as incompetent

A convicted rapist's petition to the nobile officium of the Court of Session has been dismissed as incompetent on various grounds including the fact the decision from which it stemmed was reviewable by neither the Court of Session nor the High Court of Justiciary and that thenobile officium is not designed for the review of administrative bodies.

High Court of Justiciary 8 July 2015

Child-snatching parent loses appeal against abduction conviction but sentence imposed was ‘excessive’

A father who was jailed for two years after being found guilty of abducting his 11-year-old son has failed in an appeal against conviction but had his sentence reduced to one of nine months’ imprisonment.

High Court of Justiciary 3 July 2015

Criminal Appeal Court sets out test for granting leave where ground of appeal has already been refused at sift

The Criminal Appeal Court has issued an opinion setting out the test for the granting of an application under section 107(8) of the Criminal Procedure (Scotland) Act 1995, where leave to argue the ground of appeal has already been refused leave at the “sift”.

High Court of Justiciary 1 July 2015

Transcript of Tommy Sheridan’s cross-examination of Andy Coulson ‘inadmissible’ at perjury trial due to ‘parliamentary privilege’

A transcript of a passage of Tommy Sheridan’s cross-examination of Andrew Coulson during the former MSP’s perjury trial was inadmissible in evidence at the trial of the ex-editor of the News of the World for allegedly making false statements under oath.

High Court of Justiciary 10 June 2015