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Archive for December, 2017

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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