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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 [2026] HCJAC 2

Crown Appeal against Sentence by His Majesty's Advocate against Robert Markward (High Court of Justiciary)

Crown Appeal against Sentence by His Majesty's Advocate against Robert Markward (High Court of Justiciary) [2026] HCJAC 2 (16 January 2026)

Crown appeal against a 9-year sentence for repeated dishonesty and one assault was refused. The court held the sentence was not unduly lenient and no OLR criteria were met.

  • Sentencing
  • Order for lifelong restriction (olr)
  • Risk assessment order
  • Undue leniency
  • Assault
  • Crimes of dishonesty
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Criminal law [2025] HCJAC 53

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

Appeal against Conviction by PB against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 53 (02 December 2025)

The Appeal Court refused PB's challenge to convictions for rape and related offences, holding that objections to evidence were mostly untimely and that the judge acted within discretion.

  • Rape
  • Assault
  • Corroboration
  • Admissibility of evidence
  • Jury directions
  • Appeal procedure
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Criminal law [2025] HCJAC 52

Crown appeal against sentence by His Majesty's Advocate against Helen Heather Moran or Macdonald (High Court of Justiciary)

Crown appeal against sentence by His Majesty's Advocate against Helen Heather Moran or Macdonald (High Court of Justiciary) [2025] HCJAC 52 (26 November 2025)

The Appeal Court held a sheriff’s non-custodial sentence for repeated domestic assaults and bail breaches was unduly lenient and imposed imprisonment.

  • Sentencing
  • Assault
  • Bail aggravation
  • Community payback order
  • Restriction of liberty order
  • Supervised release order
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Criminal law [2025] SACCRIM 1

Appeal by Stated Case against Conviction by Elaine Murphy against PF Perth (Sheriff Appeal Court Civil)

Appeal by Stated Case against Conviction by Elaine Murphy against PF Perth (Sheriff Appeal Court Civil) [2025] SACCRIM 1 (11 March 2025)

The Sheriff Appeal Court upheld a conviction for assault, holding there was sufficient corroborated evidence despite no eyewitness to the strike.

  • Corroboration
  • Admissions
  • Assault
  • Sufficiency of evidence
  • Sufficiency-of-evidence
  • Criminal-appeal
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Criminal law [2025] HCJAC 15

Note of appeal by CD (High Court of Justiciary)

Note of appeal by CD (High Court of Justiciary) [2025] HCJAC 15 (25 February 2025)

The High Court of Justiciary quashed a custodial sentence for serious assaults, substituting a community payback order because of exceptional caring responsibilities and family life considerations.

  • Sentencing
  • Assault
  • Knife crime
  • Community payback order
  • Article 8 echr
  • Knife-crime
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Criminal law [2024] HCJAC 48

Appeal following a reference from the Scottish Criminal Cases Review Commission by Darren Hughes against HMA (High Court of Justiciary)

Appeal following a reference from the Scottish Criminal Cases Review Commission by Darren Hughes against HMA (High Court of Justiciary) [2024] HCJAC 48 (03 December 2024)

Criminal appeal on fresh evidence. The court refused the appeal, holding there was no reasonable explanation for failing to lead Chantelle Tant’s evidence at trial.

  • Fresh evidence
  • Miscarriage of justice
  • Admissibility of evidence
  • Reasonable explanation for new evidence
  • Attempted murder
  • Assault
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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] ScotHC HCJAC_28

APPEAL AGAINST SENTENCE BY DANIEL HAIG

APPEAL AGAINST SENTENCE BY DANIEL HAIG [2024] ScotHC HCJAC_28 (10 July 2024)

The High Court reduced the punishment part of a life sentence for a young murderer and quashed the extra year for related offences, stressing rehabilitation and youth.

  • Sentencing of young offenders
  • Murder
  • Assault
  • Knife crime
  • Rehabilitation in sentencing
  • Sentencing-young-offenders
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Criminal law [2024] ScotHC HCJAC_10

NOTE OF APPEAL AGAINST CONVICTION BY JH AGAINST HIS MAJESTY'S ADVOCATE

NOTE OF APPEAL AGAINST CONVICTION BY JH AGAINST HIS MAJESTY'S ADVOCATE [2024] ScotHC HCJAC_10 (07 March 2024)

The Appeal Court held that the trial judge misdirected the jury on corroboration in an omnibus assault charge, but the omission caused no miscarriage of justice.

  • Corroboration
  • Misdirection
  • Assault
  • Mutual corroboration
  • Jury directions
  • Mutual-corroboration
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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.