Case archive



Husband jailed for culpable homicide over ‘mercy killing’ of terminally wife admonished following appeal

A father-of-two who was sentenced to four years and three months' imprisonment following his conviction of the culpable homicide of his terminally ill wife in what was described as a “final act of love” has been admonished after appeal judges quashed his sentence.

High Court of Justiciary 12 March 2018

Scaffolder wins appeal against prison sentence for having knife in car

A scaffolder who was sentenced to 12 months’ imprisonment after pleading guilty to having a kitchen knife in his car which was found following a police search has successfully appealed against his sentence.

High Court of Justiciary 7 December 2017

Child rapist’s ‘unduly lenient’ sentence increased after Crown appeal

A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and filming the assault on his mobile phone has had his custodial term increased following an appeal by the Crown.

High Court of Justiciary 16 November 2017

Sheriff’s misdirection on police opinion evidence in drugs case did not lead to miscarriage of justice

A man found guilty of being concerned in the supply of cocaine who claimed that the sheriff misdirected the jury over how they were to treat opinion evidence from a police officer has had an appeal against his conviction refused.

High Court of Justiciary 22 August 2017

Child sex offender loses appeal over sheriff’s ‘misdirection’ on mutual corroboration

A man found guilty of historical child sex offences who claimed he suffered a “miscarriage of justice” as a result of a sheriff’s “misdirection” has failed in an appeal against his conviction.

High Court of Justiciary 3 April 2017

Crown wins appeal against sheriff’s ruling that European Arrest Warrant did not state a crime in Scots law

A sheriff’s decision to discharge a man who was arrested on a European Arrest Warrant after ruling that the crime narrated was not an offence in Scots law has been overturned following an appeal.

High Court of Justiciary 20 March 2017

Child rapist’s ‘unduly lenient’ sentence prison increased following Crown appeal

A paedophile who was jailed for six years after being found guilty of a series of historic sexual offences has had his custodial term increased following an appeal by the Crown on the grounds of “undue leniency”.

High Court of Justiciary 29 November 2016

Baby-shaking assault father successfully challenges ‘excessive’ sentence

A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal.

High Court of Justiciary 5 October 2015

Father convicted of harassing estranged wife wins appeal against order preventing contact with his children

A father-of-three who was convicted of a statutory breach of the peace after threatening his estranged wife has successfully challenged a sheriff’s decision to impose a non-harassment order in relation to his children.

High Court of Justiciary 30 July 2015

Drink-driver loses appeal against conviction following admission despite 'no independent corroboration' claim

A man who drove a seriously intoxicated woman to A&E where he told a nurse that he had also been drinking and taking drugs and admitted to police officers that he had driven to the hospital has lost an appeal against his conviction for drink-driving.

High Court of Justiciary 15 April 2015

Woman fined for using ‘racist phrase’ has sentence quashed after judges question prosecution and conviction

A woman who was fined £1,000 after being found guilty of a “racially aggravated offence” has had her sentence quashed after appeal judges said they had “difficulty” in comprehending why she was prosecuted in the first place.

High Court of Justiciary 14 April 2015

‘Unlawful’ police search of car for drugs did not result in unfairness, Criminal Appeal Court rules

Two accused persons charged with being concerned in the supply of cannabis resin after their car was stopped and “unlawfully” searched by police have had their appeals against a sheriff’s decision to dismiss their challenge to the admissibility of the evidence of the search refused.

High Court of Justiciary 3 March 2015

Motorist’s breach of the peace conviction for ‘loitering’ and ‘following’ quashed

A motorist who was convicted of breach of the peace after being accused of conducting herself in a “disorderly manner” by “following” two people in her car and placing them in a state of “fear and alarm” has had her conviction quashed on appeal.

High Court of Justiciary 12 February 2015

Mum who ‘separated’ two fighting schoolboys has assault conviction quashed on appeal

A mother who was convicted of assault after grabbing hold of and shouting at a schoolboy involved in a play-fight with her son has had her conviction overturned by appeal judges.

High Court of Justiciary 11 February 2015