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Recent Cases

‘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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Culpable Homicide Sentence Reduced on Appeal
HMA v McAuley Mr McAuley was a 16 years old when he stabbed and killed a rival gang member. After a trial diet he was convicted of culpable homicide when he was only 17. He was thereafter sentenced to 9 years considering his background and the circumstances of the case....
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Appeal Against Sentences Rejected
HMA v LR And DM Co-accused LR and DM are two teenagers who have now had their appeal against their sentences rejected. LR pled guilty to acting in a threatening and abusive manner while DM pled guilty to an assault charge at Dumbarton Sheriff Court. LR was only 17...
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Appeal Against Murder Conviction Rejected
HMA v Wendy Graham 2018 Ms Graham who was sentenced to life imprisonment after being found guilty of murdering her boyfriend had her appeal against conviction rejected. Ms Graham appealed the conviction on the basis that she suffered a miscarriage of justice and she...
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‘Judge Misdirection’ Appeal Against Conviction Refused
HMA v William Fenton Mr Fenton who was found guilty of rape and sexual assault has his appeal against conviction refused at the Appeal Court in Edinburgh. Mr Fenton argued that he suffered a “miscarriage of justice” because the trial judge “misdirected” the jury...
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Custodial Sentence Quashed Following Appeal
HMA v Janey Farquhar Seventy year old Ms Farquhar who was jailed for embezzling more than £70,000 from a church has won an appeal to quash her 18 month custodial sentence. The sentence was originally two years but discounted for an early guilty plea. The Appeal Court...
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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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