Case archive

Criminal Appeal Court clarifies role of jury in assessing video evidence in refusing rapists’ appeals

Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the incident have had their appeals against their convictions refused.

High Court of Justiciary 9 August 2017

Teacher accused of seeking sex with child has ‘entrapment’ claim upheld on appeal

A sheriff’s decision to sustain a plea in bar of trial based upon the “entrapment” by police of a teacher accused of seeking to engage in sexual activity with a child has been upheld after appeal judges refused an appeal by the Crown.

High Court of Justiciary 26 July 2017

Criminal Appeal Court rejects claim trial judge’s charge to jury was ‘unbalanced’

Two businessman found guilty of extortion following a violent assault and abduction who claimed that the trial judge’s speech to the jury had been “unbalanced” in favour of the prosecution have had their appeals against conviction dismissed.

High Court of Justiciary 12 July 2017

Soldier who ‘threatened to behead Muslims’ loses appeal against conviction

A soldier found guilty of threatening the “mass murder” of Muslims after claiming he was “unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct” has had an appeal against his conviction rejected.

High Court of Justiciary 21 June 2017

Non-disclosure of CCTV images did not result in miscarriage of justice, appeal judges rule

A man found guilty of brandishing a knife at two men who came after him with nunchuks and a baton has failed in an appeal against his conviction after claiming the non-availability of CCTV evidence resulted in an “unfair” trial.

High Court of Justiciary 16 June 2017

Warrant to search law firm’s offices in Rangers fraud case was ‘oppressive’

A warrant authorising the police to enter the offices of a London law firm and to take possession of documents relating to the “acquisition, running, administration and disposal of the assets” of Rangers Football Club was suspended after appeal judges ruled that its terms were “oppressive”.

High Court of Justiciary 12 June 2017

Sheriff’s ‘draconian’ decision to desert domestic abuse trial successfully challenged by Crown

Prosecutors have successfully challenged a sheriff’s decision to desert simpliciter a case against a man accused of a catalogue of domestic abuse charges.

High Court of Justiciary 22 May 2017

Appeal Court grants Crown application to allow hearsay evidence in fraud case

A Crown application to lead hearsay evidence of a now deceased victim of an alleged fraud has been granted following an appeal.

High Court of Justiciary 29 March 2017

High Court refuses to hear human rights challenge to fixed penalty notice legislation

A teenager who was issued with a fixed penalty notice for a breach of the peace but failed to pay has had a bid to suspend registration of the fine dismissed as “incompetent”.

High Court of Justiciary 3 February 2017

High Court refuses ‘oppression’ claim in appeal over summary complaint following deserted solemn proceedings

A man accused of housebreaking against whom solemn proceedings were dropped following an appeal against a sheriff’s decision to extend the 12-month time bar has had a further appeal refused after he claimed that the Crown “acted oppressively” by prosecuting him on summary complaint over the same incident.

High Court of Justiciary 1 February 2017

Man guilty of sexual assault loses appeal over corroboration of ‘lack of consent’

A man found guilty of sexual assaulting a woman who claimed there was insufficient evidence to corroborate her account of lack of consent has failed in an appeal against conviction.

High Court of Justiciary 24 January 2017

Appeal Court calls for change to law on sentencing of offenders caught with indecent images of children

The Criminal Appeal Court has called for a review of the legislation and guidelines on sentencing for those convicted of making and being in possession of indecent images of children after quashing the extended sentences imposed on three men who were found with hundreds of pictures and videos depicting sexual exploitation of minors.

High Court of Justiciary 18 January 2017

Tanveer Ahmed loses appeal against ‘excessive’ sentence for murder of Assad Shah

The Muslim man convicted of the “religiously motivated” murder of a Glasgow shopkeeper because of his membership of the Ahmadi sect of Islam has failed in an appeal against his sentence.

High Court of Justiciary 19 December 2016

Husband accused of sexual coercion fails in bid to question wife about alleged affairs

A husband who claimed his wife had “willingly engaged” in sexual activity with another man after he was accused of “coercing” her to do it has had an application to question her about two alleged extra-marital affairs rejected.

High Court of Justiciary 24 November 2016

Crown wins ‘public interest’ appeal against judge’s decision to desert trial

Prosecutors successfully challenged a trial judge’s decision to desert a trial against three men accused of breaking into banks and blowing open cash machines.

High Court of Justiciary 23 November 2016