Case archive

Motorist jailed for nine years for causing death by dangerous driving has sentence reduced on appeal

A motorist who was sentenced to nine years imprisonment after pleading guilty to causing death by dangerous driving has had his custodial term reduced on appeal.

High Court of Justiciary 28 May 2015

Sapper caught growing cannabis at home wins appeal against ‘excessive’ sentence

A former “sapper” who was sentenced to three years imprisonment after being convicted of drugs-related offences has had his custodial reduced on appeal.

High Court of Justiciary 27 May 2015

Celtic fans convicted of ‘offensive behaviour at football’ for singing ‘Roll of Honour’ fail in Article 7 ECHR appeal

Two Celtic supporters who claimed their human rights had been breached after they were convicted under legislation designed to tackle football-related sectarianism for singing a pro-IRA and INLA song during a match have lost their appeal.

High Court of Justiciary 16 April 2015

Drink-driver loses appeal against conviction following admission despite 'no independent corroboration' claim

A man who drove a seriously intoxicated woman to A&E where he told a nurse that he had also been drinking and taking drugs and admitted to police officers that he had driven to the hospital has lost an appeal against his conviction for drink-driving.

High Court of Justiciary 15 April 2015

Woman fined for using ‘racist phrase’ has sentence quashed after judges question prosecution and conviction

A woman who was fined £1,000 after being found guilty of a “racially aggravated offence” has had her sentence quashed after appeal judges said they had “difficulty” in comprehending why she was prosecuted in the first place.

High Court of Justiciary 14 April 2015

Polish woman with ‘serious medical condition’ fails in appeal against extradition order

A Polish woman faced with imprisonment in her homeland who claimed that a “serious medical condition” meant it would be “unjust or oppressive” to extradite her from Scotland has failed in appeal against a sheriff’s extradition order.

High Court of Justiciary 2 April 2015

‘Unlawful’ police search of car for drugs did not result in unfairness, Criminal Appeal Court rules

Two accused persons charged with being concerned in the supply of cannabis resin after their car was stopped and “unlawfully” searched by police have had their appeals against a sheriff’s decision to dismiss their challenge to the admissibility of the evidence of the search refused.

High Court of Justiciary 3 March 2015

Criminal Appeal Court issues opinion to clarify function of sifting judge

The Criminal Appeal Court has issued an opinion designed to highlight the point that a decision of a sifting judge must relate to the questions posed in a stated case and not to the content of any earlier application to the court.

High Court of Justiciary 23 February 2015

Motorist’s breach of the peace conviction for ‘loitering’ and ‘following’ quashed

A motorist who was convicted of breach of the peace after being accused of conducting herself in a “disorderly manner” by “following” two people in her car and placing them in a state of “fear and alarm” has had her conviction quashed on appeal.

High Court of Justiciary 12 February 2015

Mum who ‘separated’ two fighting schoolboys has assault conviction quashed on appeal

A mother who was convicted of assault after grabbing hold of and shouting at a schoolboy involved in a play-fight with her son has had her conviction overturned by appeal judges.

High Court of Justiciary 11 February 2015

Murderers’ ‘no reasonable jury’ appeals against conviction refused

Two men who were sentenced to life imprisonment for murder have failed in their appeals against conviction after the Criminal Appeal Court dismissed their claims that no reasonable jury properly directed could have returned guilty verdicts.

High Court of Justiciary 5 February 2015