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Scotland Case Law

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Criminal law [2024] SACCRIM 10

Crown appeal by stated case by PF Edinburgh against Steven Harper

Crown appeal by stated case by PF Edinburgh against Steven Harper [2024] SACCRIM 10 (23 October 2024)

The Sheriff Appeal Court held that touching a woman’s buttock was a sexual assault under the 2009 Act, despite the accused’s claim of a drunken practical joke.

  • Sexual offences
  • Assault
  • Objective test for sexual nature
  • Mistaken identity
  • Intoxication and criminal liability
  • Sexual-offences
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Criminal law [2024] SACCRIM 8

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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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.