RR v HM Advocate The Appeal Court of the High Court of the Justiciary has ruled that a nobile officium petition made by the complainer in a rape case is competent, after she was not notified that the accused intended to lead evidence of her sexual history at trial. The [...]

Wishart v Procurator Fiscal, Kirkcaldy 2021 SAC (Crim) 1 The appellant was convicted at the Justice of Peace Court at Kirkcaldy of driving a vehicle which had been involved in an accident causing damage to another vehicle on a road, failing to stop and give the necessary information and failing [...]

AA v HMA [2021] HCJAC 9 The appellant was convicted after trial of two charges of sexual assault contrary to section 3 of the Sexual Offences (Scotland) Act 2009. The first charge related to an event on the 11th of August 2018 in respect of complainer A that whilst she was [...]

David Alexander v The Scottish Ministers [2021] SC LOCH 7 Mr Alexander had been convicted on the 11th of October 2018 of three sexual offences which he committed whilst he was in secondary school against girls of a similar age to him which were in the following terms: “On various occasions [...]

Faryad Darbazi v HMA [2021] HCJAC 10 On the 14th of February 2020, Mr Darbazi was found guilty of a charge which read: “on 17 December 2018 at Caspian Kebabs Takeaway Restaurant, …Glasgow, you… did sexually penetrate the vagina of [OS]… and did place your arms around her body, manoeuvre her [...]

HMA v Shaun Gatti [2021] HCJAC 7 Mr Gatti, the respondent, had pled guilty to charge 1 which was causing death by dangerous driving in that he drove at excessive speeds within a 30mph limit, and on the wrong side of the road, having consumed alcohol, whereby his vehicle collided [...]

HMA v Stephen Jones [2021] HCJAC 8 Mr Jones, the respondent, pled guilty by way of s76 letter to a combined charge of causing death and serious injury by dangerous driving on the B792 south of a farm access road on the 8th of January 2019. Mr Jones had been driving [...]

Kevin McGrouther v HMA [2021] HCJAC 5 Mr McGrouther was convicted on the 21st of February 2020 at the High Court in Glasgow of the following charge: “On 18 September 2018 at 261 Cedar Road, Cumbernauld, North Lanarkshire you did assault Allan Kemp, care of police service of Scotland, Whittington Street, [...]

The Representative Of The Late Abdelbaset Ali Mohamed Megrahi v Her Majesty’s Advocate & The Advocate General The Representative Of The Late Abdelbaset Ali Mohamed Megrahi v Her Majesty’s Advocate & The Advocate General [2020] HCJAC 54 Abdelbaset al-Megrahi, who died in 2012, was the only person to have been [...]

David Ditchburn v HMA [2020] HCJAC 55 Following trial at Edinburgh High Court on the 15th of May 2019, Mr Ditchburn was found guilty of four charges which included the following charge: “On 9 or 10 August 2018 at Flat 2, 12 Brunswick Road, Edinburgh you DAVID CAMERON DITCHBURN did assault [...]