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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.
Appeal against Conviction and Sentence by Sean Kirkup against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 11 (27 March 2026)
The appeal court upheld Sean Kirkup’s conviction and 6-year extended sentence, ruling that exclusion of BDSM and safe-word evidence did not make the trial unfair.
Muhammad Aslam and another against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal) [2026] SACCRIM 4 (18 February 2026)
The court held that Muhammad Aslam’s racist conduct was not significantly sexual, but Iain Laing’s repeated misuse of a child’s underwear was, so registration was upheld only for Laing.
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.
Crown Appeal against Sentence by His Majesty's Advocate against CM (High Court of Justiciary) [2026] HCJAC 4 (30 January 2026)
The Appeal Court held that a 3-year sentence for historic child sexual abuse was not unduly lenient, but it imposed a 10-year sexual harm prevention order.
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.
Appeal against Conviction by TH against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 46 (21 October 2025)
The appeal court refused an appeal against conviction, holding that any misdirection about distress evidence did not cause a miscarriage of justice because mutual corroboration was the proper route to verdict.
Appeal against Conviction by Thomas John Lamont against HMA (High Court of Justiciary) [2025] HCJAC 39 (13 August 2025)
The High Court of Justiciary Appeal Court refused an appeal against conviction, holding the jury directions on mutual corroboration were adequate overall.
Crown appeal against Sentence by HMA against Andrew McMahon and Christian Lambert (High Court of Justiciary) [2025] HCJAC 34 (12 August 2025)
The High Court of Justiciary increased sentences for two rape-of-a-child convictions, holding the original sentences were unduly lenient and that section 18 offences are generally more serious than section 1 rape.
Appeal under Section 107A of the Criminal Procedure (Scotland) Act 1995 by HMA against JSH (High Court of Justiciary) [2025] HCJAC 37 (06 August 2025)
The Appeal Court held that mutual corroboration could be available across several family abuse and sexual offence charges, and allowed the Crown appeal.
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