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Scotland Case Law

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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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Criminal law [2024] ScotHC HCJAC_30

NOTE OF APPEAL AGAINST CONVICTION BY CLARK THOMSON AGAINST HMA

NOTE OF APPEAL AGAINST CONVICTION BY CLARK THOMSON AGAINST HMA [2024] ScotHC HCJAC_30 (26 June 2024)

Appeal against conviction in a rape and domestic abuse case refused. The court held no jury direction on belief in consent was needed and rejected fair-trial complaints.

  • Rape
  • Sexual offences
  • Consent
  • Reasonable belief
  • Jury directions
  • Character evidence
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Criminal law [2016] ScotHC HCJAC_39

Lee v HM Advocate

Lee v HM Advocate [2016] ScotHC HCJAC_39 (28 April 2016)

The Appeal Court refused San Lee’s appeal, rejecting claims that interpretation problems made the trial unfair and that the jury was misdirected on reasonable belief.

  • Rape
  • Interpreter standards
  • Fair trial
  • Jury directions
  • Sexual offences (scotland) act 2009
  • Interpreter-standards
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Criminal law [2014] ScotHC HCJ_107

HER MAJESTY'S ADVOCATE AGAINST STUART RAE THOMSON

HER MAJESTY'S ADVOCATE AGAINST STUART RAE THOMSON [2014] ScotHC HCJ_107 (02 October 2014)

The High Court of Justiciary granted the Crown’s application to extend the 12-month time bar in a rape case while noting significant delays in preparation and disclosure.

  • Rape
  • Disclosure obligations
  • Time bar extension
  • Sexual offences (scotland) act 2009
  • Criminal procedure (scotland) act 1995
  • Criminal-procedure
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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.