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Archive for August, 2017

High Court of Justiciary – Appeal on the Grounds of an Unfair Trial
KP v HMA 2017 HCJAC 57 A man found guilty of rape of a 15-year-old girl,  who is serving a 5 year sentence, claimed that the advocate depute’s cross-examination and speech to the jury were  prejudicial in his Trial and as a result he did not receive a fair...
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Appeal Against Notification Requirement – Scottish Criminal Cases Review Commission (SCCRC)
Adam Sutherland v HMA 2017 HCJAC 22 In early 2016 at Kilmarnock Sheriff Court, Mr Sutherland (the appellant) pled guilty to a charge of sending by electronic means a message that was grossly offensive or of an indecent, obscene or menacing character. The sheriff...
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High Court of Justiciary – Police ‘Entrapment’
HMA v IP HCJAC 56 A decision to sustain a plea in bar of trial based upon the 'entrapment' by the police of a Scottish teacher accused of attempting to engage in sexual activity with a child was upheld on appeal. The accused was charged at Falkirk Sheriff...
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