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Archive for May, 2019

Diminished Responsibility Appeal Rejected
HMA v Nicholas Rodgers Mr Rodgers, who was found guilty of the murder of Ms Stuart in August 2016, has had his appeal against conviction rejected. Mr Rodgers is currently serving life imprisonment with a punishment element of 16 years. The appellant claimed he was...
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Miscarriage of Justice Referred To Appeal Court
HMA v Liston Craig Pacitti A case has been referred to the Appeal Court held in the High Court of Justiciary in Edinburgh after the Scottish Criminal Cases Review Commission has considered the matter. Mr Pacitti pled guilty in December 2017 at Dundee Sheriff Court...
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Vigilante Evidence Ruled Inadmissible
HMA v Paul Potelle 2019 Sheriff Brown has ruled at Dundee Sheriff Court that evidence gathered by a vigilante group in was inadmissible in court and also amounted to fraud. Mr Potelle had been charged with various sexual offences including sending indecent messages to...
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Sentence Discount Appeal Refused
HMA v James Brand 2019 Mr Brand has failed in an appeal against sentence. The appellant appealed against his sentence to the High Court in Edinburgh on the basis that he should have been given a discount in sentence for pleading guilty on the morning of the trial diet and...
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Appeal Against Rape Rejected
HMA v GW 2019 GW has had his appeal against conviction rejected after being accused of raping a woman while she was asleep. The High Court made clear that the legislation is very clear that a person who is asleep or unconscious cannot consent in advance of sex taking...
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Appeal Against Assaulting Two Police Officer Allowed
HMA v Rebecca McCallum 2018 Ms McCallum had successfully appealed a conviction of assaulting two police officers at the High Court. The High Court ruled that the sheriff’s decision to convict the appellant was not correct in the eyes of the law. The sheriff’s...
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Charges Dropped After CCTV Footage Was Destroyed
PF v Claire McIntosh abd Janet McIntosh 2018 Ms Claire McIntosh and Ms Janet McIntosh have had their criminal case dropped after CCTV footage of the alleged incident was destroyed. The woman were both co accused’s charged with behaving in a “threatening or abusive...
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