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Scotland decisions
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Appeal against conviction and 11-year sentence refused. The court held that proposed sexual-history evidence would not have shown a miscarriage of justice and that the sentence was not excessive.
Appeal from SAC by Stewart Mitchell Kennedy against PF Aberdeen (High Court of Justiciary) [2024] HCJAC 47 (14 November 2024)
The High Court of Justiciary held that a stripper’s non-consensual physical contact at a hen party was sexual and amounted to sexual assault under the 2009 Act.
Appeal by Stuart Mitchell Kennedy against PF Aberdeen (Sheriff Appeal Court Criminal) [2024] SACCRIM 8 (20 August 2024)
The Sheriff Appeal Court refused an appeal against conviction for sexual assault, holding the touching was sexual under the objective test despite the act being part of a performance.
Note of appeal against conviction by Michael Cowan against HMA (High Court of Justiciary) [2024] HCJAC 35 (31 July 2024)
The Appeal Court of the High Court of Justiciary refused Michael Cowan’s appeal against conviction for rape, holding there was sufficient evidence and no unreasonable verdict.
Note of appeal by Pa Samba Saye against HMA (High Court of Justiciary) [2025] HCJAC 8 (25 July 2024)
The Appeal Court upheld a ruling excluding evidence about alleged sexual activity with third parties in a rape trial where the accused admitted intercourse but relied on consent.
Note of Appeal by Sean Kirkup against HMA (High Court of Justiciary) [2025] HCJAC 9 (27 June 2024)
The court held that consent is not a defence to assault in Scotland, even where conduct occurs during sexual activity, and refused the appeal.
BILL OF ADVOCATION BY MACKENZIE FRED ANDREW HORNER AGAINST HMA [2024] ScotHC HCJAC_18 (02 May 2024)
The court held that notification under the Sexual Offences Act 2003 follows automatically from conviction and that no interim notification order was competent.
APPEAL AGAINST CONVICTION BY LW AGAINST HMA [2023] ScotHC HCJAC_18 (01 June 2023)
The Appeal Court held that reasonable belief in consent was not a live issue on the evidence and dismissed the appeal against conviction for rape.
APPEAL BY PF EDINBURGH AGAINST FAISAL AZIZ [2022] ScotHC HCJAC_46 (13 December 2022)
The High Court restored a taxi driver’s conviction under section 7 of the 2009 Act, holding his sexual remark to two strangers could be inferred as made for sexual gratification.
NOTE OF APPEAL BY EDWARD DORAN AGAINST HMA [2023] ScotHC HCJAC_15 (24 August 2022)
The error in identifying the correct date for the preliminary hearing constituted a speciality; admitting the evidence is in the interests of justice as it is relevant, probative, and causes no prejudice to Crown or complainer; special cause shown for late application.
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