HMA V PETER DONNELLY 2018 Peter Donnelly who was given a non-harassment order after his sentence was deferred for good behaviour has had his appeal against the order dismissed. He was found guilty of a statutory breach of the peace and carrying an offensive weapon, three months prior to the [...]

HMA v KW 2017 KW’s appeal against conviction in which counsel for the appellant made "serious allegations" against the trial judge and advocate depute has been dismissed. It has been held that such allegations stating that they carried out their roles improperly were "unfounded". KW appeared on an indictment which [...]

HMA v MR SADIQ AND MR SADIQ 2017 Mr Alam Sadiq and Mr Omar Sadiq who challenged the admissibility of evidence of a car key obtained from a police search of their hotel room have had their appeal rejected. They were, as a result of this search, charged with drug [...]

HMA v JOHN MONEAGLE 2017 A man who was found guilty of “sexting” his drumming student has had an appeal against his conviction refused but his notification requirement quashed. Mr John Moneagle, was convicted of a s38 offence of “behaving in a threatening or abusive manner likely to cause a [...]

HMA V ANDREW SINCLAIR 2017 Mr Sinclair, who was jailed for 33 months after pleading guilty to being concerned in the supply of cannabis has had his sentence reduced. On appeal a sentence of 27 months was imposed after ruling that the Sheriff had failed to take the appellant’s plea [...]

HMA V SCOTT SMITH 2017 A motorist who was found guilty of driving while using a mobile phone has had an appeal against his conviction rejected. Mr Scott claimed that the evidence of two police witnesses was "insufficient" to prove that an offence had been committed. However, the Sheriff Appeal [...]

HMA V ANTHONY HERD 2017 Anthony Herd who pleaded guilty to assault at a trial date having previously offered to plead has successfully appealed against the sentence imposed after challenging the level of discount given by the sentencing sheriff. The Appeal Court ruled that the sheriff “misdirected” himself. The accused [...]

HMA v ALLAN TURNBULL 2017 A man who was sentenced to the minimum of five years’ imprisonment after pleading guilty to possession of a stun gun has failed in an appeal against his sentence. The Appeal Court upheld the decision of the Sheriff after rejecting the appellant’s claim that there [...]

HMA v AD 2017 A teenager found guilty of raping a 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. The Appeal Court held that there was no rule of law [...]

HMA v CH 2017 A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and also filming the rape on his phone has had his sentence increased following an appeal by the Crown after it was deemed was deemed as "unduly [...]