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Recent Cases


Appeal Against Sentence on the Grounds of Failing to Apply Discount for Guilty Pleas
Armstrong v HM Advocate A man who was sentenced to seven months' imprisonment after pleading guilty to attempting to obtain money by fraud has had his custodial term reduced following an appeal. The Sheriff Appeal Court ruled that the sheriff erred in law by failing to...
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High Court of Judiciary – Appeal on the grounds of “misdirection”
Gubinas v HM Advocate HCJAC 59 Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the crime have had their appeals against conviction refused. The appellants were convicted at the...
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High Court of Justiciary – Appeal on the Grounds of an Unfair Trial
KP v HMA 2017 HCJAC 57 A man found guilty of rape of a 15-year-old girl,  who is serving a 5 year sentence, claimed that the advocate depute’s cross-examination and speech to the jury were  prejudicial in his Trial and as a result he did not receive a fair...
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Appeal Against Notification Requirement – Scottish Criminal Cases Review Commission (SCCRC)
Adam Sutherland v HMA 2017 HCJAC 22 In early 2016 at Kilmarnock Sheriff Court, Mr Sutherland (the appellant) pled guilty to a charge of sending by electronic means a message that was grossly offensive or of an indecent, obscene or menacing character. The sheriff...
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High Court of Justiciary – Police ‘Entrapment’
HMA v IP HCJAC 56 A decision to sustain a plea in bar of trial based upon the 'entrapment' by the police of a Scottish teacher accused of attempting to engage in sexual activity with a child was upheld on appeal. The accused was charged at Falkirk Sheriff...
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First of all I don’t have enough words to thank Mr John Kilcoyne.
18 months ago I went back home with my child, on my return to Scotland I put my child back to school and I went to work as I done for the past 8 years, the following week I was arrested at my work place and taking to the police, when I got at the police station I was...
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Domestic assault Mr C, Glasgow.
I was trying to console my partner one Saturday morning  and to my amazement she proceeded to attack me and phone her mother and the police alleging I assaulted her. She became hysterical, the police came and arrested me and kept me in police custody until I went to...
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Clarification on when a Judge can reject a plea in mitigation without supporting evidence
At Inverness Sheriff Court in January 2015, the appellant pled guilty to two charges; that on 7 October 2014 he had a knife in his possession and that he assaulted a police officer by pushing her to the ground. For these charges, he was sentenced to one years imprisonment...
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Facebook status could see ‘single mum’ from Dundee face prison sentence
A 37-year old woman from Dundee, who claimed to be a single mum to claim certain benefits, has been taken to court for welfare fraud after the DWP checked her relationship status on Facebook. A Procurator Fiscal depute told Dundee Sheriff Court that the Department of...
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Sleeping juror forces rape retrial in Aberdeen
A rape trial – which originally ran for several days at the beginning of May – was rerun at the High Court in Aberdeen when it emerged that a juror had fallen asleep whilst the judge was delivering his charge to the jury. When he heard about the incident, Lord...
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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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