Case archive



High Court refuses extradition appeal by Bulgarian man wanted in Romania for driving without licence

The High Court of Justiciary has refused to grant leave of appeal against the decision of a sheriff to extradite a Bulgarian man to Romania in order to serve a prison sentence there for driving without a licence.

High Court of Justiciary 13 April 2021

A sleeping person is not capable of consenting to sex, appeal court rules in rape case

A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected.

High Court of Justiciary 29 April 2019

Evidence of non-penetrative sexual assault capable of providing ‘mutual corroboration’ of rape, appeal court rules

A man found guilty of rape who claimed that evidence of a charge of sexual assault could not provide “mutual corroboration” for the rape charge has had an appeal against his conviction rejected.

High Court of Justiciary 24 April 2019

Mid-trial admission of CCTV evidence did not lead to miscarriage of justice in knife assault case, appeal court rules

A man found guilty of attacking another man with a meat cleaver, who claimed that a sheriff was wrong to allow CCTV footage to be introduced as evidence after its existence only became apparent during the trial, has had an appeal against his conviction refused.

High Court of Justiciary 17 December 2018

Appeal judges reject legal challenge to ‘lack of statutory defence of coercion’ by alleged human trafficking victim accused of drugs offences

A man accused of growing cannabis and being concerned in the supply of the class B drug who claimed that he was a victim of human trafficking and had been forced to commit the offences has had a human rights challenge against his prosecution rejected.

High Court of Justiciary 2 May 2018

Paedophile parent loses appeal against sexual offences conviction

A father-of-two found guilty of sexually assaulting his daughter and making and sharing indecent images of her has had an appeal against his conviction refused.

High Court of Justiciary 19 February 2018

Rapist who claimed prosecutors acted ‘oppressively’ loses appeal against conviction

ed. Whether the appellant had administered a drug to her had very little, if any, bearing on that central issue. In so far as the jury may have been given an impression of the Crown’s lingering suspicion, that could only have had a conceivable bearing, as reflecting on the appellant’s character, if the appellant’s own credibility and reliability had been put in issue. It was not. For all these reasons, the appeal against conviction is accordingly refused.”

High Court of Justiciary 24 January 2018

Domestic abuser loses appeal against conviction after judges dismiss ‘self-defence’ claim

g such an attack. In these circumstances, the sheriff was entitled to take the view that there was no evidence from which it could be inferred that the appellant might have been acting in self-defence.”

High Court of Justiciary 18 January 2018

Woman loses appeal against assault conviction following reference by SCCRC

A woman found guilty of assaulting a dog owner with a dog lead has had an appeal against her conviction refused after her case was referred to the Appeal Court of the High Court of Justiciary by the Scottish Criminal Cases Review Commission (SCCRC).

High Court of Justiciary 2 October 2017

Murderer fails in appeal against conviction over witness’s ‘prejudicial’ remarks

A man found guilty of murdering a former girlfriend who claimed that evidence given by his ex-wife was so “prejudicial” that it rendered his trial “unfair” has had his appeal against conviction refused.

High Court of Justiciary 22 September 2017

Rapist who claimed ‘reasonable belief’ of consent loses appeal over judge’s ‘misdirection’ on corroboration

A man found guilty of raping his partner who claimed that he “reasonably believed” she was consenting has failed in an appeal against his conviction.

High Court of Justiciary 14 September 2017

Sex offender loses appeal against conviction following evidence of Facebook messages

A man convicted of sexual offences who objected to the admission of social media messages to one of the complainers has failed in an appeal against his conviction.

High Court of Justiciary 11 September 2017

Child sex offender refused permission to ask complainer about sexual history fails in appeal against conviction

A man found guilty of having sex with a child who claimed that a sheriff’s decision to refuse to allow him to cross-examine the complainer on medical records which suggested that she had several previous sexual partners has had an appeal against his conviction refused.

High Court of Justiciary 6 September 2017

Pair convicted in Aberdeenshire ATM raids have sentences cut after challenging convictions

, as part of the group on one occasion, when there was no identification of the appellant being a member of the group on another occasion.

High Court of Justiciary 5 September 2017