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Recent Cases

Appeal to Overturn Harassment Order Refused
PF v Barry Finlay 2020 Mr Finlay has had his appeal to overturn the decision to impose a six month non harassment order when this was not sought by the complainer refused. The Sheriff Appeal Court stated that “necessity trumps the views of the victim” and kept the...
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Sex Offenders Register Appeal Granted
HMA v Barry Sorrel 2020 Mr Sorrel has successfully appealed against the Sheriff’s decision to place him on the sex offenders register. The appellant pled guilty an offence under section 2(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. This is commonly...
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Disclosure of Medical Records Appeal
HMA v Paul McMillan 2019 A complainer has successfully argued at the High Court it was incorrect to recover her medical records in the proceedings of a rape trial of a former partner. The records were sought by the accused in order to note the position of any “mental...
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Appeal Against Conviction Refused
HMA v Steven Barclay 2020 Mr Barclay has had his appeal against conviction refused after being found guilty of producing cannabis and supplying class B drugs. This was despite the High Court agreeing that the Sheriff had misdirected the jury. However, the High Court...
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Murder Conviction Successfully Appealed
HMA v Ralph Goodie 2020 Mr Goodie has successfully appealed against his murder conviction at the High Court ofJusticiary. The High Court agreed with the appellant’s argument that a miscarriage of justice had taken place. Mr Goldie was found guilty after trial of...
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Appeal On The Basis “His Brother Did It” Rejected
HMA v Michael Ritchie 2020 Mr Ritchie has had his appeal against conviction rejected after arguing at the High Court that it was his brother who committed the crime and not him. Mr Ritchie was found guilty of housebreaking and stealing jewellery. The appellant’s DNA was...
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Pair Found Guilty For Human Trafficking
HMA v McPhee and Miller Two men who were found guilty of human trafficking offences have been ordered to pay compensation to the complainers. Mr McPhee and Mr Miller were convicted of violent offences at the High Court. The two men in a Proceeds of Crime action have been...
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Appeal Against Sentence Refused
HMA v David Dudgeon 2020 Mr Dudgeon who appealed against his custodial sentence has had his appeal refused. The appellant argued that his sentence of two years imprisonment, reduced from three years as he pled guilty at an early stage, was excessive. However, the High...
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Fraud Sentence Quashed on Appeal
HMA v Thandiwe Matiliti 2019 Ms Matikiti has successfully appealed against a 14 month prison sentence. The appellant pled guilty you fraud after claiming £23,000 in student funding after she told agencies she had indefinite leave to remain in the UK when this was not the...
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Crown’s Attempt To Rely On Previous Charges Refused
HMA v Laurence Ogilvie 2020 Mr Ogilvie has successfully fought against the Crown’s attempt to lead evidence in his summary matter where he was charged with a statutory breach of the peace that he had previously assaulted one of the complainers. The Sheriff ruled that...
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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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