Case archive

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

Sex offender has sentence reduced following appeal

A man who was jailed for two years after pleading guilty to sexually assaulting a friend while she was asleep has had his sentence reduced by six months following an appeal.

High Court of Justiciary — 18 June 2018

Mother of baby loses appeal against sentence after lying to child's father about abortion so gay friend could obtain parental rights

A mother of an unborn baby and a gay friend who hatched a “callous and selfish scheme” whereby she lied to the father of the child by telling him that she had terminated the pregnancy when in fact she gave birth to the baby so that her friend could obtain parental rights and responsibilities have failed in appeal against their sentence.

High Court of Justiciary — 11 January 2016

Appeal judges reject legal challenge to ‘lack of statutory defence of coercion’ by alleged human trafficking victim accused of drugs offences

A man accused of growing cannabis and being concerned in the supply of the class B drug who claimed that he was a victim of human trafficking and had been forced to commit the offences has had a human rights challenge against his prosecution rejected.

High Court of Justiciary — 2 May 2018