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Recent Cases


Crown Appeal Regarding Libelling of English Conviction Allowed
HMA v Ronald Adams HCJAC 19 The Respondent in this case appeared in the High Court in November 2018, on indictment for five charges including sexual assault, rape to injury and penetrative sexual assault against one complainer. The Crown had attached a docket to the...
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Appeal Against Rape Convictions 8 Years Apart Refused
Duthie v HMA HCJAC 23 The Appellant was convicted of 29 charges spanning 15 years. Of these, two charges were that of rape of former partners of the accused, which were libelled to have occurred between 2008 and 2011. The Appellant appealed his conviction on the...
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Nobile Officium Petition In Rape Case Ruled Competent By High Court
RR v HM Advocate The Appeal Court of the High Court of the Justiciary has ruled that a nobile officium petition made by the complainer in a rape case is competent, after she was not notified that the accused intended to lead evidence of her sexual history at...
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Appeal By Stated Case Refused
Wishart v Procurator Fiscal, Kirkcaldy 2021 SAC (Crim) 1 The appellant was convicted at the Justice of Peace Court at Kirkcaldy of driving a vehicle which had been involved in an accident causing damage to another vehicle on a road, failing to stop and give the...
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Appeal On Judge’s Charge Refused
AA v HMA HCJAC 9 The appellant was convicted after trial of two charges of sexual assault contrary to section 3 of the Sexual Offences (Scotland) Act 2009. The first charge related to an event on the 11th of August 2018 in respect of complainer A that whilst she...
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Appeal Against Being Placed on the Children’s List Lost
David Alexander v The Scottish Ministers SC LOCH 7 Mr Alexander had been convicted on the 11th of October 2018 of three sexual offences which he committed whilst he was in secondary school against girls of a similar age to him which were in the following...
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Appeal Successful After Sheriff Refuses To Allow A Late Special Defence
Faryad Darbazi v HMA HCJAC 10 On the 14th of February 2020, Mr Darbazi was found guilty of a charge which read: “on 17 December 2018 at Caspian Kebabs Takeaway Restaurant, …Glasgow, you… did sexually penetrate the vagina of … and did place your arms around...
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Crown Appeal Against Sentence Refused
HMA v Shaun Gatti HCJAC 7 Mr Gatti, the respondent, had pled guilty to charge 1 which was causing death by dangerous driving in that he drove at excessive speeds within a 30mph limit, and on the wrong side of the road, having consumed alcohol, whereby his vehicle...
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Crown Appeal Against Sentence
HMA v Stephen Jones HCJAC 8 Mr Jones, the respondent, pled guilty by way of s76 letter to a combined charge of causing death and serious injury by dangerous driving on the B792 south of a farm access road on the 8th of January 2019. Mr Jones had been driving a...
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Appeal On Misdirection To The Jury Refused
Kevin McGrouther v HMA HCJAC 5 Mr McGrouther was convicted on the 21st of February 2020 at the High Court in Glasgow of the following charge: “On 18 September 2018 at 261 Cedar Road, Cumbernauld, North Lanarkshire you did assault Allan Kemp, care of police...
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