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Recent Cases


Notification Requirement Quashed on Appeal
HMA v JOHN MONEAGLE 2017 A man who was found guilty of “sexting” his drumming student has had an appeal against his conviction refused but his notification requirement quashed. Mr John Moneagle, was convicted of a s38 offence of “behaving in a threatening or...
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Successful Appeal Against Sentence on the Grounds of “Coerced” into Committing the Offence
HMA V ANDREW SINCLAIR 2017 Mr Sinclair, who was jailed for 33 months after pleading guilty to being concerned in the supply of cannabis has had his sentence reduced. On appeal a sentence of 27 months was imposed after ruling that the Sheriff had failed to take the...
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Appeal Against Conviction on the Grounds of “Insufficient Evidence”
HMA V SCOTT SMITH 2017 A motorist who was found guilty of driving while using a mobile phone has had an appeal against his conviction rejected. Mr Scott claimed that the evidence of two police witnesses was "insufficient" to prove that an offence had been committed....
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Successful Appeal Against Level of Discounted Sentence
HMA V ANTHONY HERD 2017 Anthony Herd who pleaded guilty to assault at a trial date having previously offered to plead has successfully appealed against the sentence imposed after challenging the level of discount given by the sentencing sheriff. The Appeal Court ruled...
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Appeal against sentence on the grounds of “exceptional circumstances” refused
HMA v ALLAN TURNBULL 2017 A man who was sentenced to the minimum of five years’ imprisonment after pleading guilty to possession of a stun gun has failed in an appeal against his sentence. The Appeal Court upheld the decision of the Sheriff after rejecting the...
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Appeal against conviction on the grounds of “mutual corroboration” refused
HMA v AD 2017 A teenager found guilty of raping a boy and sexually assaulting a girl has had an appeal against his conviction refused after judges rejected his argument that the doctrine of "mutual corroboration" could not apply. The Appeal Court held that there was no...
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Unduly Lenient Sentence Increased on Appeal by the Crown
HMA v CH 2017 A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and also filming the rape on his phone has had his sentence increased following an appeal by the Crown after it was deemed was deemed as "unduly...
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Appeal on the Grounds of “Unfair Trial”
HMA v Steven Jackson A man found guilty of murdering a former girlfriend who claimed that evidence given by his ex-wife was “prejudicial” and therefore his trial was “unfair” has had his appeal against conviction refused. The appellant argued that the trial judge...
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Appeal Against “Careless Driving” Conviction and Sentence
HMA v Lesley McAllister A police officer from Aberdeen found guilty of careless driving after crashing into another vehicle while responding to an emergency call has had an appeal against conviction and sentence refused. The Sheriff Appeal Court upheld the Sheriff’s...
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Appeal Against Conviction on the Grounds of ” The Wrong Test Being Applied”
HMA v David Wotherspoon A man found guilty of committing a breach of the peace after he was seen by neighbours “parading around in a bra” and spotted “rubbing his nipples” by a passer-by of his Rutherglen home has successfully appealed against his conviction. The...
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John Kilcoyne and company specialist criminal lawyers undertake both legal aid and private work. For initial diagnostic interview with legal aid you will need a benefit letter, bank statement or a wage slip for legal aid purposes.
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