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Recent Cases

“Self-Defence” Appeal Against Conviction and Sentence Rejected
HMA V RYAN LAWSON 2018 Mr Lawson who was sentenced to two-and-a-half years in jail after being found guilty of committing domestic abuse against two ex-partners has had an appeal against his conviction and sentence rejected. He was found guilty after Trial in Dundee of 3...
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Five-Year Sex Offender Registration Order Quashed on Appeal
HMA V NEIL COOPER 2018 A first instance Sheriff who did not take in to account the effect of a notification requirement of a man who was fined after being found guilty of sexual assault has his sentence reduced by the appeal Court. Mr Cooper has successfully challenged...
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Miscarriage of Justice Appeal Refused
HMA V AMIR BAKHJAM 2018 Mr Bakhjam was found guilty of rape in January 2017 and he claimed the Crown acted “oppressively” against him in his Trial and therefore appealed his conviction and sentence. The crown withdrew an allegation that he drugged the victim at the...
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Appeal Against Non-Harassment Order Refused
HMA V PETER DONNELLY 2018 Peter Donnelly who was given a non-harassment order after his sentence was deferred for good behaviour has had his appeal against the order dismissed. He was found guilty of a statutory breach of the peace and carrying an offensive weapon, three...
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Appeal Against Conviction Refused
HMA v KW 2017 KW’s appeal against conviction in which counsel for the appellant made "serious allegations" against the trial judge and advocate depute has been dismissed. It has been held that such allegations stating that they carried out their roles improperly were...
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Admissibility of Evidence Appeal Rejected
HMA v MR SADIQ AND MR SADIQ 2017 Mr Alam Sadiq and Mr Omar Sadiq who challenged the admissibility of evidence of a car key obtained from a police search of their hotel room have had their appeal rejected. They were, as a result of this search, charged with drug trafficking...
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Notification Requirement Quashed on Appeal
HMA v JOHN MONEAGLE 2017 A man who was found guilty of “sexting” his drumming student has had an appeal against his conviction refused but his notification requirement quashed. Mr John Moneagle, was convicted of a s38 offence of “behaving in a threatening or...
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Successful Appeal Against Sentence on the Grounds of “Coerced” into Committing the Offence
HMA V ANDREW SINCLAIR 2017 Mr Sinclair, who was jailed for 33 months after pleading guilty to being concerned in the supply of cannabis has had his sentence reduced. On appeal a sentence of 27 months was imposed after ruling that the Sheriff had failed to take the...
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Appeal Against Conviction on the Grounds of “Insufficient Evidence”
HMA V SCOTT SMITH 2017 A motorist who was found guilty of driving while using a mobile phone has had an appeal against his conviction rejected. Mr Scott claimed that the evidence of two police witnesses was "insufficient" to prove that an offence had been committed....
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Successful Appeal Against Level of Discounted Sentence
HMA V ANTHONY HERD 2017 Anthony Herd who pleaded guilty to assault at a trial date having previously offered to plead has successfully appealed against the sentence imposed after challenging the level of discount given by the sentencing sheriff. The Appeal Court ruled...
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