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Criminal law [2026] SACCRIM 3

Appeal by Stated Case against Conviction by MXG against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal)

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.

  • De recenti statements
  • Corroboration
  • Admissibility of hearsay
  • Mutual corroboration
  • Assault
  • Domestic abuse
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Criminal law [2025] HCAC 20

Appeal Against Conviction by Barry Marshall (High Court of Justiciary)

Appeal Against Conviction by Barry Marshall (High Court of Justiciary) [2025] HCAC 20 (29 April 2025)

The Appeal Court refused Barry Marshall’s conviction appeal, holding that proposed fresh evidence about another man’s alleged confession was inadmissible hearsay and not significant enough.

  • Fresh evidence
  • Hearsay
  • Identification
  • Miscarriage of justice
  • Circumstantial evidence
  • Admissibility of evidence
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Criminal law [2025] HCJAC 13

Appeal against Conviction by Peter McGuiness against HMA (High Court of Justiciary)

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.

  • Corroboration
  • Sexual offences
  • Hearsay
  • Evidence of distress
  • De recenti statements
  • Sexual-offences
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Criminal law [2024] HCJAC 43

References by His Majesty's Advocate against PG and JM (High Court of Justiciary)

References by His Majesty's Advocate against PG and JM (High Court of Justiciary) [2024] HCJAC 43 (30 October 2024)

The court held that de recenti statements can corroborate both the crime and identification if they remain part of, or a continuation of, the res gestae.

  • Hearsay
  • Corroboration
  • Res gestae
  • De recenti statements
  • Sexual offences
  • Identification evidence
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Criminal law [2020] ScotHC HCJAC_12

NOTES OF APPEAL AGAINST CONVICTION BY (FIRST) ZAK BENNETT AND (SECOND) IAN DAVID MOYES AGAINST HER MAJESTY'S ADVOCATE

NOTES OF APPEAL AGAINST CONVICTION BY (FIRST) ZAK BENNETT AND (SECOND) IAN DAVID MOYES AGAINST HER MAJESTY'S ADVOCATE [2020] ScotHC HCJAC_12 (05 March 2020)

The High Court of Justiciary refused appeals against conviction by Zak Bennett and Ian David Moyes in a firearms case, upholding the trial judge’s directions and the circumstantial case.

  • Firearms offences
  • Concert (joint criminal responsibility)
  • Hearsay
  • Circumstantial evidence
  • Jury directions
  • Concert-joint-criminal-responsibility
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Criminal law [2018] ScotHC HCJAC_38

PETTIGREW, APPEAL AGAINST CONVICTION BY AGAINST HER MAJESTY'S ADVOCATE

PETTIGREW, APPEAL AGAINST CONVICTION BY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_38 (28 June 2018)

Scottish criminal appeal in which the conviction was quashed because the jury were not directed that a co-accused’s out-of-court comments were not evidence against the appellant.

  • Misdirection
  • Admissibility of evidence
  • Circumstantial evidence
  • Hearsay
  • Concert
  • Criminal-appeals
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Criminal law [2017] ScotHC HCJAC_35

APPEAL BY JOSEPH FRANCIS MCHALE AND KEVIN CHARLES SCHRUYERS AGAINST HER MAJESTY'S ADVOCATE

APPEAL BY JOSEPH FRANCIS MCHALE AND KEVIN CHARLES SCHRUYERS AGAINST HER MAJESTY'S ADVOCATE [2017] ScotHC HCJAC_35 (31 May 2017))

The court partly allowed criminal appeals over a series of ATM raids, quashing some convictions for insufficient linkage but upholding others on circumstantial evidence.

  • Atm theft
  • Circumstantial evidence
  • Misdirection
  • Hearsay
  • Fair trial
  • European convention on human rights
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Criminal law [2017] ScotHC HCJAC_3

Wilson v HM Advocate

Wilson v HM Advocate [2017] ScotHC HCJAC_3 (19 January 2017)

Appeal against conviction refused in a sexual offence case. The court held that evidence of the complainer’s distress could corroborate lack of consent.

  • Sexual offences
  • Corroboration
  • Evidence of distress
  • Jury directions
  • Hearsay
  • Sexual-offences
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Criminal law [2014] ScotHC HCJAC_137

O'Shea v Procurator Fical, Paisley

O'Shea v Procurator Fical, Paisley [2014] ScotHC HCJAC_137 (19 December 2014)

Scottish appeal on whether a witness’s account of Margaret Rooney’s remarks was part of the res gestae and could corroborate identification.

  • Res gestae
  • Hearsay
  • Corroboration
  • Identification
  • Admissibility of evidence
  • Res-gestae
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Criminal law [2014] ScotHC HCJAC_136

O'Shea & HM Advocate

O'Shea & HM Advocate [2014] ScotHC HCJAC_136 (16 December 2014)

The Appeal Court upheld Christopher O’Shea’s conviction, holding that Margaret Rooney’s spontaneous remarks could be treated as res gestae and used for corroboration.

  • Res gestae
  • Hearsay
  • Corroboration
  • Identification
  • Admissibility of evidence
  • Res-gestae
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.