Scotland Case Law

Appeal against Conviction and Sentence by Sean Kirkup against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction and Sentence by Sean Kirkup against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 11 (27 March 2026)

The appeal court upheld Sean Kirkup’s conviction and 6-year extended sentence, ruling that exclusion of BDSM and safe-word evidence did not make the trial unfair.

• Sexual offences
• Domestic abuse
• Consent in sexual offences
• Admissibility of evidence
• Fair trial rights
• Sentencing

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Crown appeal against sentence by HMA against Calum Donald Dennis MacGregor (High Court of Justiciary)

Crown appeal against sentence by HMA against Calum Donald Dennis MacGregor (High Court of Justiciary) [2025] HCJAC 28 (27 June 2025)

The High Court allowed a Crown appeal against sentence for rape and sexual assault, increasing imprisonment from 4 years 6 months to 6 years 6 months.

• Sentencing
• Rape
• Sexual offences
• Appeals
• Mitigation
• Consent

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Appeal Against Conviction by Oluwatayo Dada (High Court of Justiciary)

Appeal Against Conviction by Oluwatayo Dada (High Court of Justiciary) [2025] HCJAC 21 (29 April 2025)

The appeal court refused an appeal against conviction, holding that counsel’s choice not to lead video footage did not amount to defective representation or a miscarriage of justice.

• Sexual offences
• Rape
• Defective legal representation
• Admissibility of evidence
• Consent
• Corroboration

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Appeal against Conviction by David Little against HMA (High Court of Justiciary)

Appeal against Conviction by David Little against HMA (High Court of Justiciary) [2025] HCJAC 18 (25 March 2025)

The Appeal Court refused David Little’s conviction appeal, holding that reasonable belief in consent was not a live issue on the evidence and no jury direction was required.

• Sexual offences
• Consent
• Reasonable belief
• Jury directions
• Miscarriage of justice
• Sexual-offences

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Appeal from SAC by Stewart Mitchell Kennedy against PF Aberdeen (High Court of Justiciary)

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.

• Sexual assault
• Consent
• Objective test for sexual conduct
• Freedom of expression
• Sexual autonomy
• Sexual-assault

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Appeal by Stuart Mitchell Kennedy against PF Aberdeen (Sheriff Appeal Court Criminal)

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.

• Sexual assault
• Consent
• Objective test for sexual nature
• Sexual offences (scotland) act 2009
• Interpretation of 'sexual'
• Sexual-assault

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Note of appeal against conviction by Michael Cowan against HMA (High Court of Justiciary)

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.

• Rape
• Consent
• Capacity to consent
• Unreasonable verdict
• Evidential sufficiency
• Criminal-appeal

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Note of appeal by Pa Samba Saye against HMA (High Court of Justiciary)

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.

• Rape
• Consent
• Admissibility of evidence
• Special defence of incrimination
• Section 275 applications
• Admissibility-of-evidence

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NOTE OF APPEAL AGAINST CONVICTION BY CLARK THOMSON AGAINST HMA

NOTE OF APPEAL AGAINST CONVICTION BY CLARK THOMSON AGAINST HMA [2024] ScotHC HCJAC_30 (26 June 2024)

Appeal against conviction in a rape and domestic abuse case refused. The court held no jury direction on belief in consent was needed and rejected fair-trial complaints.

• Rape
• Sexual offences
• Consent
• Reasonable belief
• Jury directions
• Character evidence

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APPEAL AGAINST CONVICTION BY EM AGAINST HMA

APPEAL AGAINST CONVICTION BY EM AGAINST HMA [2024] ScotHC HCJAC_9 (22 February 2024)

There was no misdirection by the trial judge regarding the use of the communications between the complainer and KP. The jury was made aware that only distress evidence could corroborate lack of consent. The absence of a specific direction did not amount to a miscarriage of justice.

Source excerpt

• Rape
• Corroboration
• Jury directions
• Consent

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