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Double Jeopardy Legislation Appeal Allowed

HMA v John Gilmour 2019 The Crown has appealed against a Judge’s decision successfully that an accused who had previously pled guilty to an assault regarding an incident would not be later tried for the man’s murder. This High Court in Edinburgh corrected the judge who stated the Crown could [...]

2019-11-19T06:19:53+00:0019 November 2019|

Appeal Against Excessive Murder Sentence Refused

HMA v Frazer Neil 2019 Mr Neil who was found guilty of the murder of his ex partner has had his appeal against sentenced refused. Mr Neil appealed to the High court in Edinburgh against the punishment part of his sentence in which he was ordered to serve at least [...]

2019-11-17T14:53:55+00:0017 November 2019|

Evidence Regarding Prior Sexual Conduct Appeal Refused

HMA v JG 2019 JG, has been refused to allow evidence to be lead during his rape trial that the complainer has been involved with sado-masochistic sexual conduct. JG was accused of three rapes against his former partner. It was heard at a preliminary hearing in relation to JGs case [...]

2019-11-14T04:54:31+00:0014 November 2019|

Special Bail Conditions Appeal Refused

PF v Ross Pollock-Smith 2019 Mr Pollock-Smith who was subject to bail conditions after pleading guilty to a of a breach of the peace, section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010, not to contact his former partner has had his appeal against his special bail conditions [...]

2019-11-05T07:12:02+00:005 November 2019|

No Mutual Corroboration Appeal Refused

HMA v CG 2019 CG, an appellant who argued there was no mutual corroboration in his trial at Dundee sheriff court where he was found guilty of sexually assaulting his niece and nephew, has had his appeal against conviction refused at the Sheriff Appeal Court. In essence the appellant’s argument [...]

2019-10-28T12:31:34+00:0028 October 2019|

Sex Offender Register Appeal Refused

HMA v Paul McFayden 2019 Mr McFadyen has had his appeal against a Sheriff’s decision to place him on the sex offender register refused. The appellant was found guilty of a statutory breach of the peace against two teenage girls but argued that the offence did not have a “significant [...]

2019-10-19T08:23:25+01:0019 October 2019|

Threatening and Abusive Behaviour Case Dismissed

PF v Jonathan Kelly 2019 Mr Kelly who appealed the Crowns decision to prosecute him for threatening and abusive behaviour to the Sheriff Appeal Court has been successful and his case was dismissed. The appellant took issue with a sheriff’s decision at Hamilton sheriff court to repel a plea in [...]

2019-10-11T05:22:53+01:0011 October 2019|

Extended Sentence Deemed Incompetent at the High Court

PF v Josh McLean 2019 Mr McLean has had his appeal against sentence partially refused at the High Court of Justiciary. Mr McLean was found guilty at the sheriff court of domestic abuse offences. He was sentenced by the Sheriff to four years imprisonment with an extension period of two [...]

2019-10-10T05:37:39+01:0010 October 2019|

Excessive Community Payback Order Appeal Refused

PF v John McLellan 2019 Mr McLellan has had his appeal against sentence refused at the Sheriff appeal Court. Mr McLellan appealed to the Sheriff Appeal Court stating that that compensation element of his Community Payback Order was excessive. The basis for the argument was that the appellant stated he [...]

2019-10-03T05:51:34+01:003 October 2019|
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