HMA v Steven Jackson A man found guilty of murdering a former girlfriend who claimed that evidence given by his ex-wife was “prejudicial” and therefore his trial was “unfair” has had his appeal against conviction refused. The appellant argued that the trial judge erred in refusing a defence submission to [...]

HMA v Lesley McAllister A police officer from Aberdeen found guilty of careless driving after crashing into another vehicle while responding to an emergency call has had an appeal against conviction and sentence refused. The Sheriff Appeal Court upheld the Sheriff’s decision to convict and impose a fine stating that [...]

HMA v David Wotherspoon A man found guilty of committing a breach of the peace after he was seen by neighbours “parading around in a bra” and spotted “rubbing his nipples” by a passer-by of his Rutherglen home has successfully appealed against his conviction. The Appeal Court ruled that the [...]

Darrell Mitchell v HM Advocate A man found guilty of supplying cocaine who claimed that the Sheriff misdirected the jury over how they were to treat opinion evidence has had an appeal against his conviction refused. The Appeal Court agreed that the Sheriff’s failure to provide guidance to the jury [...]

RC v HM Advocate 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 appeal dismissed. He claimed that this was fresh evidence and showed that the witnesses were [...]

Gay v HM Advocate A man who was jailed for two years after being found guilty of assault to severe injury after his victim died has failed in an appeal against his “excessive” sentence. Grant Gay’s trial was heard in the High Court in Edinburgh in March 2017 on a [...]

Armstrong v HM Advocate A man who was sentenced to seven months' imprisonment after pleading guilty to attempting to obtain money by fraud has had his custodial term reduced following an appeal. The Sheriff Appeal Court ruled that the sheriff erred in law by failing to apply a s196 discount. [...]

Gubinas v HM Advocate [2017] HCJAC 59 Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the crime have had their appeals against conviction refused. The appellants were convicted at the High Court in Aberdeen in [...]

KP v HMA 2017 HCJAC 57 A man found guilty of rape of a 15-year-old girl,  who is serving a 5 year sentence, claimed that the advocate depute’s cross-examination and speech to the jury were  prejudicial in his Trial and as a result he did not receive a fair Trial. [...]

Adam Sutherland v HMA 2017 HCJAC 22 In early 2016 at Kilmarnock Sheriff Court, Mr Sutherland (the appellant) pled guilty to a charge of sending by electronic means a message that was grossly offensive or of an indecent, obscene or menacing character. The sheriff considered that in terms of paragraph 60, [...]