Case archive



Child sex offender refused permission to ask complainer about sexual history fails in appeal against conviction

A man found guilty of having sex with a child who claimed that a sheriff’s decision to refuse to allow him to cross-examine the complainer on medical records which suggested that she had several previous sexual partners has had an appeal against his conviction refused.

High Court of Justiciary 6 September 2017

Pair convicted in Aberdeenshire ATM raids have sentences cut after challenging convictions

, as part of the group on one occasion, when there was no identification of the appellant being a member of the group on another occasion.

High Court of Justiciary 5 September 2017

Two-year prison sentence for assault to severe injury was ‘not excessive, appeal judges rule

A man who was jailed for two years after being found guilty of assault to severe injury following which his victim died has failed in an appeal against what he claimed was an “excessive” sentence.

High Court of Justiciary 31 August 2017

Rapist fails in ‘fresh evidence appeal’ against conviction

A man found guilty of rape who claimed that the complainer’s social media posts showed that she had lied to the court about how the incident affected her has had a “fresh evidence appeal” dismissed.

High Court of Justiciary 28 August 2017

Sheriff’s misdirection on police opinion evidence in drugs case did not lead to miscarriage of justice

A man found guilty of being concerned in the supply of cocaine who claimed that the sheriff misdirected the jury over how they were to treat opinion evidence from a police officer has had an appeal against his conviction refused.

High Court of Justiciary 22 August 2017

Criminal Appeal Court clarifies role of jury in assessing video evidence in refusing rapists’ appeals

Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the incident have had their appeals against their convictions refused.

High Court of Justiciary 9 August 2017

Teacher accused of seeking sex with child has ‘entrapment’ claim upheld on appeal

A sheriff’s decision to sustain a plea in bar of trial based upon the “entrapment” by police of a teacher accused of seeking to engage in sexual activity with a child has been upheld after appeal judges refused an appeal by the Crown.

High Court of Justiciary 26 July 2017

Prisoner fails in appeal against conviction for assaulting fellow inmate

A prisoner found guilty of assaulting a fellow inmate has had an appeal against his conviction refused after claiming the sheriff misdirected the jury over accused’s silence in response to the accusation that he carried out the attack.

High Court of Justiciary 24 July 2017

Criminal Appeal Court rejects claim trial judge’s charge to jury was ‘unbalanced’

Two businessman found guilty of extortion following a violent assault and abduction who claimed that the trial judge’s speech to the jury had been “unbalanced” in favour of the prosecution have had their appeals against conviction dismissed.

High Court of Justiciary 12 July 2017

OLR ‘not an excessive sentence’ for serial sex offender, appeal judges rule

A paedophile convicted of two charges of rape who was given an Order for Lifelong Restriction has failed in an appeal against his sentence after appeal judges rejected his claim that the punishment imposed was “excessive and disproportionate”.

High Court of Justiciary 30 June 2017

Man wins ‘fresh evidence appeal’ against conviction for sexual assaulting wife

A man found guilty of sexually assaulting his wife “to her severe injury and to the danger of her life” has successfully appealed against his conviction based on the existence and significance of evidence which was not heard at the original proceedings.

High Court of Justiciary 29 June 2017

Crown wins appeal against acquittals as appeal court clarifies ‘Howden’ principle

The Crown has successfully challenged a judge’s decision to acquit two men accused of assault and robbery charges after appeal judges held that there was sufficient proof of identification on one charge and that the evidence relating to the similarities between the separate offences would entitle the jury to hold that the other crimes were committed by the same people.

High Court of Justiciary 28 June 2017

Appeal judges rejected Craig Whyte’s challenge to fraud charge over Rangers takeover

The High Court of Justiciary Appeal Court has published a decision in which it refused an appeal by former Rangers owner Craig Whyte to have the fraud charge against him in relation to his takeover of the club dropped prior to the start of his trial.

High Court of Justiciary 26 June 2017

Soldier who ‘threatened to behead Muslims’ loses appeal against conviction

A soldier found guilty of threatening the “mass murder” of Muslims after claiming he was “unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct” has had an appeal against his conviction rejected.

High Court of Justiciary 21 June 2017

Drug dealers’ ‘excessive’ sentences cut following appeal

Two drug dealers convicted of being concerned in supply of drugs with a street value of some £400,000 have had their prison sentences reduced following an appeal.

High Court of Justiciary 20 June 2017