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Recent Cases


Appeal against sentence on the grounds of “exceptional circumstances” refused
HMA v ALLAN TURNBULL 2017 A man who was sentenced to the minimum of five years’ imprisonment after pleading guilty to possession of a stun gun has failed in an appeal against his sentence. The Appeal Court upheld the decision of the Sheriff after rejecting the...
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Appeal against conviction on the grounds of “mutual corroboration” refused
HMA v AD 2017 A teenager found guilty of raping a boy and sexually assaulting a girl has had an appeal against his conviction refused after judges rejected his argument that the doctrine of "mutual corroboration" could not apply. The Appeal Court held that there was no...
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Unduly Lenient Sentence Increased on Appeal by the Crown
HMA v CH 2017 A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and also filming the rape on his phone has had his sentence increased following an appeal by the Crown after it was deemed was deemed as "unduly...
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Appeal on the Grounds of “Unfair Trial”
HMA v Steven Jackson A man found guilty of murdering a former girlfriend who claimed that evidence given by his ex-wife was “prejudicial” and therefore his trial was “unfair” has had his appeal against conviction refused. The appellant argued that the trial judge...
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Appeal Against “Careless Driving” Conviction and Sentence
HMA v Lesley McAllister A police officer from Aberdeen found guilty of careless driving after crashing into another vehicle while responding to an emergency call has had an appeal against conviction and sentence refused. The Sheriff Appeal Court upheld the Sheriff’s...
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Appeal Against Conviction on the Grounds of ” The Wrong Test Being Applied”
HMA v David Wotherspoon A man found guilty of committing a breach of the peace after he was seen by neighbours “parading around in a bra” and spotted “rubbing his nipples” by a passer-by of his Rutherglen home has successfully appealed against his conviction. The...
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Appeal Against Conviction on the Grounds of Misdirecting the Jury
Darrell Mitchell v HM Advocate A man found guilty of supplying cocaine who claimed that the Sheriff misdirected the jury over how they were to treat opinion evidence has had an appeal against his conviction refused. The Appeal Court agreed that the Sheriff’s failure...
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Appeal Against Conviction on the Grounds of Social Media Comments
RC v HM Advocate A man found guilty of rape who claimed that the complainer’s social media posts showed that she had lied to the court about how the incident affected her has had a appeal dismissed. He claimed that this was fresh evidence and showed that the witnesses...
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Appeal Against “Excessive” Sentence
Gay v HM Advocate A man who was jailed for two years after being found guilty of assault to severe injury after his victim died has failed in an appeal against his “excessive” sentence. Grant Gay’s trial was heard in the High Court in Edinburgh in March 2017 on a...
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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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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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