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Recent Cases

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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“No Mutual Corroboration” Appeal Rejected
HMA v Khalid Jamal 2019 Mr Jamal has had his appeal against conviction rejected after arguing in the Appeal Court that a charge of sexual assault could not corroborate a charge of rape. The Appeal Court concluded that the act of penetration itself did not need to be...
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Appeal Against Excessive Sentence Rejected
HMA v Richard Fleming 2019 Mr Fleming has had his appeal against sentence rejected after being sentenced to an extended sentence of 18 years’ imprisonment for armed robbery. Mr Fleming was found guilty of carrying out a heist at a luxury Scottish hotel along with his...
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Pervert The Course Of Justice Appeal Rejected
HMA v Marc Hanley 2018 Mr Hanley has had his appeal against conviction rejected after being found guilty of attempting to pervert the course of justice. The appellant was indicted on two charges of murder and one of attempting to pervert the course of justice in Edinburgh...
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Appeal Against Decision to Sustain Plea in Bar Refused
HMA v P The Crown appealed under the Criminal Procedure (Scotland) act, section 74 against a Sheriff’s decision to sustain a plea in bar of trial based upon the entrapment of the appellant. P, the appellant in this case has been speaking to an undercover officer on an...
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Dangerous Dogs Act 1991 Appeal Refused
Moira Hunter v HMA 2019 Ms Hunter pled guilty at the Sheriff court in Kilmarnock in 2017 of being in charge of a dog that was “dangerously out of control.” The appellant’s dog, a Bullmastiff was said to have attacked a Labrador puppy belonging the Victim, who was...
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