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Archive for September, 2017

Appeal Against Conviction on the Grounds of Misdirecting the Jury
Sep 28th, 2017
Darrell Mitchell v HM Advocate A man found guilty of supplying cocaine who claimed that the Sheriff misdirected the jury over how they were to treat opinion evidence has had an appeal against his conviction refused. The Appeal Court agreed that the Sheriff’s failure...
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Appeal Against Conviction on the Grounds of Social Media Comments
Sep 25th, 2017
RC v HM Advocate A man found guilty of rape who claimed that the complainer’s social media posts showed that she had lied to the court about how the incident affected her has had a appeal dismissed. He claimed that this was fresh evidence and showed that the witnesses...
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Appeal Against “Excessive” Sentence
Sep 22nd, 2017
Gay v HM Advocate A man who was jailed for two years after being found guilty of assault to severe injury after his victim died has failed in an appeal against his “excessive” sentence. Grant Gay’s trial was heard in the High Court in Edinburgh in March 2017 on a...
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Appeal Against Sentence on the Grounds of Failing to Apply Discount for Guilty Pleas
Sep 20th, 2017
Armstrong v HM Advocate A man who was sentenced to seven months' imprisonment after pleading guilty to attempting to obtain money by fraud has had his custodial term reduced following an appeal. The Sheriff Appeal Court ruled that the sheriff erred in law by failing to...
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High Court of Judiciary – Appeal on the grounds of “misdirection”
Sep 12th, 2017
Gubinas v HM Advocate HCJAC 59 Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the crime have had their appeals against conviction refused. The appellants were convicted at the...
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