Case archive



Minister wins appeal against sexual assault convictions after sheriff’s ‘misdirection’ on hearsay evidence

A minister who was found guilty of sexual assault charges has successfully appealed against his conviction after appeal judges ruled that the trial judge had “misdirected” the jury.

High Court of Justiciary 18 February 2016

Man facing drugs charges in Spain has appeal against ‘unjust’ extradition refused

A man accused of drug dealing in Spain who challenged a sheriff’s decision to order his extradition has had his appeal refused.

High Court of Justiciary 9 February 2016

Dangerous driver loses appeal against conviction as falling asleep at wheel is a ‘voluntary act’

A woman who was found guilty of dangerous driving after falling asleep at the wheel and crashing into an oncoming vehicle has lost an appeal against conviction.

High Court of Justiciary 21 January 2016

Diary entries cannot provide corroboration of distress in rape cases, appeal court holds, in refusing ‘miscarriage of justice’ claim

A man found guilty of rape who claimed that the trial judge “misdirected” the jury when he said the complainer’s diary entry could provide evidence of her distress and thus corroboration of lack of her consent has had an appeal against conviction refused.

High Court of Justiciary 11 December 2015

Application for extension of time to lodge note of appeal refused over failure to show ground of appeal ‘would probably succeed’

An application by a man found guilty of a series of sexual offences against four children for an extension of time in which to lodge a note of appeal has been refused.

High Court of Justiciary 8 December 2015

‘Director’ of organised drugs gang fails in appeal against ‘excessive’ sentence

The leader of a Glasgow-based organised criminal gang concerned in the acquisition, adulteration and onward supply of heroin to associates in Edinburgh, who was sentenced to more than 13 years imprisonment, has failed in an appeal to have his custodial term reduced.

High Court of Justiciary 4 December 2015

Crown wins appeal against sentence imposed on rapist as Criminal Appeal Court criticises trial judge’s ‘controversial’ remarks about complainers

with the respondent in the “partner swapping” scene in Glasgow and Paisley and the sexual promiscuity indulged in at “swinging” parties.

High Court of Justiciary 27 November 2015

Man who called German doctor a ‘Nazi b*****d’ fails in appeal against ‘threatening or abusive’ behaviour conviction

A hospital inpatient who called a German consultant physician a “Nazi b*****d” has had an appeal against his conviction for behaving in a “threatening or abusive manner” which was likely to cause a reasonable person to suffer “fear and alarm” refused.

High Court of Justiciary 25 November 2015

Man convicted of rape has custodial term increased after Crown appeals ‘unduly lenient’ sentence

A man who raped a 14-year-old girl while her mother was in the next room has had his prison term increased following a Crown appeal against sentence.

High Court of Justiciary 20 November 2015

Man accused of historic child sex offences fails in appeal against ‘seven-year extension of time’

A man accused of historic child sex offences who challenged a sheriff’s “unique” decision to grant an application by prosecutors for an extension of time to bring him to trial more than seven years after his first appearance in court has had his appeal refused.

High Court of Justiciary 5 November 2015

Man who secretly shared intimate photograph of woman fails in appeal against registration as ‘sex offender’

A man who secretly took a screenshot of a photograph of a woman’s private parts from her mobile phone and sent it to a third party has had an appeal to be taken off the sex offenders register refused.

High Court of Justiciary 21 October 2015

Extradition to Poland for ‘minor’ alleged offence would be ‘disproportionate’, Criminal Appeal Court rules

A man accused of fraud has successfully challenged a sheriff’s decision to order his extradition to Poland after the Criminal Appeal Court ruled that the offence he was accused of was “minor”.

High Court of Justiciary 19 August 2015

Cross-examination of sexual assault complainer ‘should not extend to witness intimidation’ – Lord Justice Clerk

The right to cross-examination of an alleged sexual assault victim “does not extend to insulting or intimidating a witness” and trial judges should intervene where questioning “strays beyond proper bounds”, the Lord Justice Clerk has said.

High Court of Justiciary 14 August 2015

Child-snatching parent loses appeal against abduction conviction but sentence imposed was ‘excessive’

A father who was jailed for two years after being found guilty of abducting his 11-year-old son has failed in an appeal against conviction but had his sentence reduced to one of nine months’ imprisonment.

High Court of Justiciary 3 July 2015

Motorist jailed for nine years for causing death by dangerous driving has sentence reduced on appeal

A motorist who was sentenced to nine years imprisonment after pleading guilty to causing death by dangerous driving has had his custodial term reduced on appeal.

High Court of Justiciary 28 May 2015