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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.
NOTE OF APPEAL AGAINST CONVICTION AND SENTENCE BY KEVIN GUTHRIE AGAINST HER MAJESTY'S ADVOCATE [2022] ScotHC HCJAC_21 (25 May 2022)
The court refused the conviction appeal in Kevin Guthrie’s case, holding that the DNA defence was presented at trial, but reduced the sentence from 3 years to 2 years.
APPEAL AGAINST CONVICTION BY DAVID SCOTT AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_22 (23 March 2021)
The court refused David Scott’s appeal against his murder conviction, holding the circumstantial evidence and DNA on burned clothing were sufficient.
RITCHIE AGAINST HER MAJESTY'S ADVOCATE [2020] ScotHC HCJAC_7 (30 January 2020)
Criminal appeal against conviction for housebreaking and theft refused. The court held the sheriff’s jury directions, read as a whole, did not shift the burden of proof.
CUMLIN, APPEAL AGAINST CONVICTION BY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_44 (09 August 2018)
The Appeal Court rejected a conviction appeal, holding the jury directions on identification and DNA evidence were sufficient and no miscarriage of justice occurred.
McDowall & Ors v HM Advocate [2016] ScotHC HCJAC_105 (22 November 2016)
The appeal court held there was sufficient evidence of recent possession, supported by DNA and the circumstances of discovery, and refused all three conviction appeals.
Boath v HM Advocate [2016] ScotHC HCJAC_81 (21 September 2016)
The Appeal Court refused Boath’s conviction appeal for armed robbery, holding there was no objective support for defective representation claims, but reduced his sentence from 9 to 7 years.
Docherty v HM Advocate [2016] ScotHC HCJAC_49 (20 May 2016)
The Appeal Court upheld John Docherty’s murder conviction and 21-year punishment part, finding the DNA and circumstantial evidence sufficient and the verdict reasonable.
Reid v HM Advocate [2016] ScotHC HCJAC_41 (28 April 2016)
Appeal against conviction in a housebreaking case was refused. The court held that DNA on a cigarette butt found inside the house near entry was sufficient evidence.
Laing v HM Advocate [2016] ScotHC HCJAC_33 (11 April 2016)
The appeal court refused Brian Laing’s conviction appeal, holding that DNA on broken glass, recent injuries, and other circumstances were enough to identify him as the perpetrator.
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