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Scotland decisions
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The court held that forensic evidence of penetration, DNA on clothing or breasts, and other circumstantial proof can corroborate a complainer’s rape or sexual assault account.
Appeal against Conviction by YZ against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 12 (05 February 2026)
The appeal court held that undisclosed material in a sexual and violence conviction case caused a miscarriage of justice and quashed the convictions.
Appeal by Stated Case against Conviction by MXG against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal) [2026] SACCRIM 3 (30 January 2026)
The Sheriff Appeal Court refused an appeal against an assault conviction, holding that a witness’s account of the complainer’s distressed statement could be treated as de recenti evidence.
Appeal against Conviction by PB against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 53 (02 December 2025)
The Appeal Court refused PB's challenge to convictions for rape and related offences, holding that objections to evidence were mostly untimely and that the judge acted within discretion.
Appeal against Conviction by TH against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 46 (21 October 2025)
The appeal court refused an appeal against conviction, holding that any misdirection about distress evidence did not cause a miscarriage of justice because mutual corroboration was the proper route to verdict.
Appeal under Section 107A of the Criminal Procedure (Scotland) Act 1995 by HMA against CM (High Court of Justiciary) [2025] HCJAC 40 (20 August 2025)
The Appeal Court allowed a Crown appeal and held there was sufficient evidence for charge 2 to go to the jury, including free-standing corroboration and possible mutual corroboration.
Note of Appeal Against Conviction by Darren Glass (High Court of Justiciary) [2025] HCJAC 31 (25 July 2025)
The appeal court refused Darren Glass’s conviction appeal, holding there was no misdirection in the jury directions on implied admission from silence.
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.
Appeal by Stated Case against Conviction by Elaine Murphy against PF Perth (Sheriff Appeal Court Civil) [2025] SACCRIM 1 (11 March 2025)
The Sheriff Appeal Court upheld a conviction for assault, holding there was sufficient corroborated evidence despite no eyewitness to the strike.
Appeal against Conviction by Peter McGuiness against HMA (High Court of Justiciary) [2025] HCJAC 13 (21 February 2025)
The Appeal Court held that distress observed nine years after a sexual offence was too remote to corroborate the complainer’s evidence, and quashed the conviction on charge 2.
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