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Recent Cases


Misdirection Of Jury Appeal Refused
HMA V Mohammed Maqsood 2018 The absence of a reasonable belief of consent does not require to be proved by corroborated evidence in a rape case the High Court has ruled. There is also no direction on this matter necessary the appeal court has ruled unless it is a live issue...
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Miscarriage of Justice Appeal Refused
HMA V James Hyslop Mr Hyslop who criticised the Sheriff for allowing late CCTV evidence has had his appeal against conviction refused by the appeal court. He was found guilty of attacking a man with a meat cleaver and therefore of assaulting the man to his severe injury. Mr...
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Excessive Sentence of 6 Years Reduced to 3 Years on Appeal
HMA v David Glass Mr Glass who was convicted of four charges of lewd, indecent and libidinous practices in December of 2017 after a trial at Dundee Sheriff Court had his appeal against conviction rejected. However he was successful in relation to reducing the custodial...
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Sentence Reduced On Appeal
PF v Thomas Flannigan An appellant has successfully appealed his sentence and received a reduction in his custodial sentence. Mr Flannigan appealed against his sentence in relation to a statutory breach of the peace. The appellant pled guilty at the Trial diet and was...
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Appeal Against Abusive Act Refused On Appeal
PF v Sean Murphy Mr Sean Murphy was ordered to complete a community payback order as a disposal after threatening to share intimate images of his former partner. He appealed the decision but this was rejected by the Sheriff Appeal Court. The appeal sheriffs did not...
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‘Extended Sentence’ Successfully Challenged On Appeal
HMA v Adam Tonkin Mr Tonkin who pled guilty to unlawful sexual activity with a 14 year old girl has successfully challenged a sheriff’s decision to impose an extended sentence. The appeal court in Edinburgh quashed the extension period after ruling that the trial sheriff...
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Conviction Quashed On The Grounds Of “Mixed Statements”
HMA v Gary McKnight Mr McKnight who was found guilty of driving his car at a cyclist had his appeal against conviction quashed. He was found guilty of assaulting John Rawding to his severe injury and to the danger of his life by driving his car at him and also assaulting a...
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Miscarriage Of Justice Murder Conviction Refused
HMA v Ashley Duncan Ms Ashley Duncan who was sentenced for taking part in an attempted murder has lost her in appeal against her conviction. Ms Duncan was sentenced to six years imprisonment after being found guilty of the attack on Mr Jones in Aberdeen in 2016. Her two...
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Driving Disqualification Reduced On Appeal
PF v Love The sheriff appeal court recently dealt with the case of Mr Love who pled guilty to speeding at 93mph on a 70mph zone. The sentence in this case had appealed stated that the justice had erred in stating that English sentencing guidelines applied and that this...
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Appeal Against Lenient Sentence Refused
HMA v McCuaig 2018 Mr McCuaig pled guilty to 20 charges of taking and possessing indecent images to children and sending imagined to children. These images were sent as threats to children in order for them to send similar photographs. The sheriff at Mr McCuaigs...
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John Kilcoyne and company specialist criminal lawyers undertake both legal aid and private work. For initial diagnostic interview with legal aid you will need a benefit letter, bank statement or a wage slip for legal aid purposes.
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