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Criminal-law

CS v His Majesty’s Advocate

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.

  • Credibility-and-reliability-of-complainers
  • Section-275-application
  • Miscarriage-of-justice
  • Sentence-excessiveness
  • Mutual-corroboration
  • Sexual-offences
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Criminal-law [2026] HCJAC 9

Appeal against Conviction by Kassim Ashley Green Nicholas against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction by Kassim Ashley Green Nicholas against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 9 (11 March 2026)

The High Court of Justiciary Appeal Court refused a conviction appeal based on fresh evidence, holding there was no reasonable explanation for not leading it at trial.

  • Fresh-evidence
  • Miscarriage-of-justice
  • Reasonable-explanation-test
  • Tactical-decisions-in-defence
  • Appeal-procedure
  • Criminal-appeals
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Criminal-law [2026] SACCRIM 5

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

Appeal by Stated Case against Conviction by M S against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal) [2026] SACCRIM 5 (24 February 2026)

The Sheriff Appeal Court held that medical evidence was insufficient to justify admitting a complainer’s prior statement under section 259, but refused the appeal because there was no miscarriage of justice.

  • Admissibility-of-hearsay-evidence
  • Vulnerable-witness
  • Domestic-abuse
  • Miscarriage-of-justice
  • Hearsay-evidence
  • Vulnerable-witnesses
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Criminal-law [2026] HCJAC 6

Appeal following a reference from The Scottish Criminal Cases Review Commission by Ly Quang Huynh against His Majesty's Advocate (High Court of Justiciary)

Appeal following a reference from The Scottish Criminal Cases Review Commission by Ly Quang Huynh against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 6 (06 February 2026)

The Appeal Court refused Ly Quang Huynh’s challenge to a 6 years 3 months drug sentence, holding that guideline errors and other missteps did not make it excessive.

  • Sentencing
  • Misuse-of-drugs
  • Appeal-procedure
  • Miscarriage-of-justice
  • Criminal-appeal
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Criminal-law [2026] HCJAC 12

Appeal against Conviction by YZ against His Majesty's Advocate (High Court of Justiciary)

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.

  • Disclosure-obligations
  • Fair-trial
  • Sexual-offences
  • Child-abuse
  • Corroboration
  • Miscarriage-of-justice
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Criminal-law [2025] HCJAC 54

Appeal against Conviction by Kyle Kernachan against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction by Kyle Kernachan against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 54 (18 December 2025)

The court refused Kyle Kernachan's conviction appeal based on fresh evidence, finding the new witnesses unreliable and incapable of undermining the trial verdict.

  • Sexual-offences
  • Fresh-evidence
  • Miscarriage-of-justice
  • Credibility-of-witnesses
  • Criminal-procedure-(scotland)-act-1995-s.106(3)
  • Criminal-appeals
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Criminal-law [2025] HCJA 45

Appeal following a reference from The Scottish Criminal Cases Review Commission by Shiva Mackison against Procurator Fiscal, Paisley. (High Court of Justiciary)

Appeal following a reference from The Scottish Criminal Cases Review Commission by Shiva Mackison against Procurator Fiscal, Paisley. (High Court of Justiciary) [2025] HCJA 45 (09 October 2025)

The High Court quashed Shiva Mackison’s convictions after fresh psychiatric evidence showed she may have been delusional and unable to appreciate her conduct.

  • Miscarriage-of-justice
  • Fresh-evidence
  • Mental-disorder-defence
  • Unfitness-for-trial
  • Withdrawal-of-guilty-plea
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Criminal-law [2025] HCJAC 30

Note of Appeal Against Conviction by Shamshad Adams against HMA (High Court of Justiciary)

Note of Appeal Against Conviction by Shamshad Adams against HMA (High Court of Justiciary) [2025] HCJAC 30 (17 July 2025)

The Appeal Court rejected a conviction appeal, holding that late disclosure caused no miscarriage of justice, desertion was unnecessary, and jury directions were adequate.

  • Fraud
  • Criminal-procedure
  • Jury-directions
  • Disclosure-obligations
  • Miscarriage-of-justice
  • Criminal-appeal
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Criminal-law [2025] HCJAC 23

Appeal against Conviction and Sentence by Kyle Beveridge (High Court of Justiciary)

Appeal against Conviction and Sentence by Kyle Beveridge (High Court of Justiciary) [2025] HCJAC 23 (21 May 2025)

The appeal court refused Kyle Beveridge’s appeal against conviction and sentence, holding that late-admitted hearsay caused no miscarriage of justice and the 12-year custodial term was not excessive.

  • Domestic-abuse
  • Rape
  • Hearsay-evidence
  • Sentencing
  • Mutual-corroboration
  • Criminal-appeal
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Criminal-law [2025] HCJAC 22

Appeal against Conviction by Richard Mullen against HMA (High Court of Justiciary)

Appeal against Conviction by Richard Mullen against HMA (High Court of Justiciary) [2025] HCJAC 22 (02 May 2025)

The Appeal Court of the High Court of Justiciary refused Richard Mullen’s appeal against conviction, holding there was no basis to desert the trial and no miscarriage of justice.

  • Fitness-for-trial
  • Unrepresented-accused
  • Desertion-of-trial
  • Miscarriage-of-justice
  • Criminal-appeal
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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.