Case archive



Scaffolder wins appeal against prison sentence for having knife in car

A scaffolder who was sentenced to 12 months’ imprisonment after pleading guilty to having a kitchen knife in his car which was found following a police search has successfully appealed against his sentence.

High Court of Justiciary 7 December 2017

Firearms offender fails in appeal against ‘arbitrary and disproportionate’ five-year minimum sentence

A man who was sentenced to the minimum term of five years’ imprisonment after pleading guilty to possession of a stun gun has failed in an appeal against what he argued was an “arbitrary and disproportionate” sentence.

High Court of Justiciary 4 December 2017

Rapist who claimed mutual corroboration could not apply loses appeal against conviction

A teenager found guilty of raping a younger boy and sexually assaulting a girl has had an appeal against his conviction refused after judges rejected his argument that the doctrine of “mutual corroboration” could not apply in his case.

High Court of Justiciary 20 November 2017

Sheriff erred in imposing supervised release order on long-term prisoner

A man who was jailed for the theft of a car and the reset of another vehicle has successfully appealed against a sheriff’s decision to impose a supervised release order.

High Court of Justiciary 17 November 2017

Child rapist’s ‘unduly lenient’ sentence increased after Crown appeal

A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and filming the assault on his mobile phone has had his custodial term increased following an appeal by the Crown.

High Court of Justiciary 16 November 2017

Rape accused‘s police interview was ‘unfair’, judge rules

A man accused of rape who objected to the admissibility of his police interview has had his complaint upheld.

High Court of Justiciary 13 November 2017

Murderer’s ‘third party provocation’ defence rejected by appeal judges

A man found guilty of murder who claimed that he acted in “self-defence” of a friend who he feared was about to be attacked has had an appeal against his conviction rejected.

High Court of Justiciary 10 November 2017

Sheriff Appeal Court ‘erred in law’ in interfering with justice’s decision on driver’s sentence

A motorist who was fined and had his licence endorsed after pleading guilty to speeding has successfully appealed against a decision by appeal sheriffs to increase the financial penalty imposed.

High Court of Justiciary 25 October 2017

Woman loses appeal against assault conviction following reference by SCCRC

A woman found guilty of assaulting a dog owner with a dog lead has had an appeal against her conviction refused after her case was referred to the Appeal Court of the High Court of Justiciary by the Scottish Criminal Cases Review Commission (SCCRC).

High Court of Justiciary 2 October 2017

Murderer fails in appeal against conviction over witness’s ‘prejudicial’ remarks

A man found guilty of murdering a former girlfriend who claimed that evidence given by his ex-wife was so “prejudicial” that it rendered his trial “unfair” has had his appeal against conviction refused.

High Court of Justiciary 22 September 2017

Alleged benefit fraudster wins appeal against decision to extend timebar

A woman charged with benefit fraud who challenged a sheriff’s decision to grant a motion to extend the timebar to allow prosecutors to bring her to trial after the case against her had previously been deserted has won her appeal.

High Court of Justiciary 21 September 2017

Foster carer’s sexual assault conviction quashed following ‘defective representation’ appeal

A foster parent found guilty of sexually abusing two children in his care has had his conviction quashed after his lawyers failed to obtain and lead evidence that could have been used at the trial to “undermine” the prosecution case and provide “support” for his defence.

High Court of Justiciary 15 September 2017

Rapist who claimed ‘reasonable belief’ of consent loses appeal over judge’s ‘misdirection’ on corroboration

A man found guilty of raping his partner who claimed that he “reasonably believed” she was consenting has failed in an appeal against his conviction.

High Court of Justiciary 14 September 2017

Sex offender loses appeal against conviction following evidence of Facebook messages

A man convicted of sexual offences who objected to the admission of social media messages to one of the complainers has failed in an appeal against his conviction.

High Court of Justiciary 11 September 2017

Appeal against admissibility of evidence obtained from ‘unlawful’ search refused

Two men facing drugs trafficking charges who challenged the admissibility of evidence of the recovery of a car key obtained from a police search of a hotel room have had their appeal rejected.

High Court of Justiciary 8 September 2017