Case archive



Man who posted ‘Nazi dog’ video has human rights appeal bid dismissed as ‘unarguable and incompetent’

The High Court of Justiciary has published its reasons for rejecting an application for permission to appeal by a man found guilty of posting a “grossly offensive” video online showing a “Nazi dog”.

Appeal Court of the High Court of Justiciary 6 March 2019

Criminal Appeal Court critical of ‘inappropriate and insulting’ questioning of rape complainer

The Criminal Appeal Court has reiterated its warning to defence lawyers over the “derogatory and insulting” questioning of rape complainers and criticised a judge for “wholly inappropriate” comments made about the evidence of a witness during the course of a trial.

Appeal Court of the High Court of Justiciary 27 February 2019

Man convicted of murder following re-trial fails in appeal against ‘excessive’ punishment part

A man found guilty of murder for a second time following a re-trial had had an appeal against his sentence dismissed.

Appeal Court of the High Court of Justiciary 19 February 2019

Traveller who held man in servitude fails in appeal against conviction

A man who was convicted along with another of holding a vulnerable 20-year-old man in servitude has failed in an appeal against conviction at the High Court of Justiciary Appeal Court.

Appeal Court of the High Court of Justiciary 13 February 2019

Rapist who claimed delayed distress did not corroborate lack of consent loses appeal against conviction

A man found guilty of rape who claimed that the evidence of the complainer’s distress, which was exhibited more than a day after the incident, was “too remote” to corroborate her account of lack of consent because she did not show any signs of distress in the intervening period has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 9 January 2019

Teenager convicted of assault wins appeal against custodial sentence

A teenager who was sentenced to 18 months’ detention after being convicted of assault has had his custodial sentence quashed following an appeal.

Appeal Court of the High Court of Justiciary 8 January 2019

No need for corroboration of absence of reasonable belief of consent in rape cases, appeal court rules

An absence of reasonable belief of consent, a key element of the statutory definition of rape, does not require to be proved by corroborated evidence and no direction on it is required unless it is a live issue at trial, the Criminal Appeal Court has ruled.

Appeal Court of the High Court of Justiciary 11 December 2018

Roofer fails in appeal against attempted murder conviction following ‘self-defence’ claim

A man found guilty of attempting to kill a colleague following a post-work drinking session just days after they first met has had an appeal against his conviction rejected despite claiming he was acting in self-defence.

Appeal Court of the High Court of Justiciary 6 December 2018

Woman loses appeal against ‘perverse’ assault conviction

A woman found guilty of assaulting another woman to her severe injury and permanent disfigurement by repeatedly punching and kicking her on the head and body after the jury deleted from the libel the words “and strike her head against vivarium and repeatedly strike her on the body with glass” has had an appeal against her conviction rejected.

Appeal Court of the High Court of Justiciary 4 December 2018

Royal Blind School sex offender loses appeal against conviction over Crown reference to previous convictions

A man who was found guilty of historical sexual offences including the rape of fellow pupils at the Royal Blind School in Edinburgh has had an appeal against his conviction refused.

Appeal Court of the High Court of Justiciary 20 November 2018

Paedophile loses appeal against conviction over ‘hearsay evidence’ of witness who suffered ‘memory loss’

A man found guilty of sexually abusing three boys who claimed that a police statement given by a witness who could not remember making the statement due to memory loss should not have been admitted as evidence has had an appeal against his conviction rejected – despite the fact appeal judges ruled that the hearsay evidence should not have been allowed.

Appeal Court of the High Court of Justiciary 19 November 2018

Schoolboy detained for knife attack on fellow pupil wins appeal against custodial sentence

A schoolboy who was sentenced to 12 months’ detention for slashing a fellow pupil with a knife during a fight in the school canteen has successfully appealed against a sheriff’s decision to impose a custodial sentence.

Appeal Court of the High Court of Justiciary 13 November 2018

Sex offender wins appeal against extended sentence

A man convicted of unlawful sexual activity with a 14-year-old girl has successfully challenged a sheriff’s decision to impose an extended sentence.

Appeal Court of the High Court of Justiciary 31 October 2018

Motorist who drove at cyclist wins appeal against assault conviction over sheriff’s misdirection on ‘mixed statements’

A man found guilty of driving his car at a cyclist who had stolen his girlfriend’s bike and causing him severe injury before punching the thief’s friend has had his conviction quashed following an appeal.

Appeal Court of the High Court of Justiciary 22 October 2018

Woman convicted of attempted murder loses appeal over ‘provocation’ claim

A woman found guilty of attempted murder who claimed that the trial judge misdirected the jury by failing to give directions on provocation has had her appeal against conviction rejected.

Appeal Court of the High Court of Justiciary 11 October 2018