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Criminal law [2024] HCJAC 43

References by His Majesty's Advocate against PG and JM (High Court of Justiciary)

References by His Majesty's Advocate against PG and JM (High Court of Justiciary) [2024] HCJAC 43 (30 October 2024)

The court held that de recenti statements can corroborate both the crime and identification if they remain part of, or a continuation of, the res gestae.

  • Hearsay
  • Corroboration
  • Res gestae
  • De recenti statements
  • Sexual offences
  • Identification evidence
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Criminal law [2024] ScotHC HCJAC_12

APPEAL AGAINST CONVICTION AND SENTENCE BY AX AGAINST HMA

APPEAL AGAINST CONVICTION AND SENTENCE BY AX AGAINST HMA [2024] ScotHC HCJAC_12 (07 April 2024)

The appeal court quashed AX’s conviction, holding the jury directions on identification and mutual corroboration were inadequate and risked a miscarriage of justice.

  • Sexual offences
  • Identification evidence
  • Jury directions
  • Mutual corroboration
  • Miscarriage of justice
  • Criminal-law
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Criminal law [2024] ScotHC HCJAC_11

APPEAL AGAINST CONVICTION AND SENTENCE BY LEWIS SPENCE AND CONNOR STEELE AGAINST HMA

APPEAL AGAINST CONVICTION AND SENTENCE BY LEWIS SPENCE AND CONNOR STEELE AGAINST HMA [2024] ScotHC HCJAC_11 (26 March 2024)

The court refused appeals by Lewis Spence and Connor Steele against conviction for an attempted murder attack, and refused Spence’s challenge to his extended sentence.

  • Attempted murder
  • Identification evidence
  • Fair trial
  • Extended sentence
  • Alibi defence
  • Judicial conduct
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Criminal law [2024] ScotHC HCJAC_1

APPEAL AGAINST CONVICTION BY FRANCIS MOONEY AGAINST HMA

APPEAL AGAINST CONVICTION BY FRANCIS MOONEY AGAINST HMA [2024] ScotHC HCJAC_1 (14 December 2023)

The court refused Francis Mooney’s appeal against conviction for a firearms offence, holding that corroboration and the jury directions on CCTV were sufficient.

  • Firearms offences
  • Identification evidence
  • Corroboration
  • Misdirection
  • Appeal procedure
  • Criminal-law
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Criminal law [2022] ScotHC HCJAC_30

APPEAL AGAINST CONVICTION BY MARK WISHART

APPEAL AGAINST CONVICTION BY MARK WISHART [2022] ScotHC HCJAC_30 (19 August 2022)

The Appeal Court held that a jury request to see a close-up of the accused was a matter for judicial discretion, but refusing it caused no miscarriage of justice.

  • Attempted murder
  • Identification evidence
  • Jury procedure
  • Miscarriage of justice
  • Criminal-appeals
  • Identification-evidence
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Criminal law [2021] ScotHC HCJAC_42

NOTE OF APPEAL AGAINST CONVICTION BY GARY ORR AGAINST HER MAJESTY'S ADVOCATE

NOTE OF APPEAL AGAINST CONVICTION BY GARY ORR AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_42 (10 September 2021)

The Appeal Court rejected Gary Orr’s challenge to a conviction based on CCTV and police identification evidence, holding the evidence admissible and sufficient.

  • Identification evidence
  • Admissibility of evidence
  • Jury directions
  • Misdirection
  • Cctv evidence
  • Identification-evidence
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Criminal law [2020] ScotHC HCJAC_39

APPLICATIONS IN THE APPEAL AGAINST CONVICTION BY THE REPRESENTATIVE OF THE LATE ABDELBASET ALI MOHAMED AL MEGRAHI AGAINST HER MAJESTY'S ADVOCATE AND THE ADVOCATE GENERAL

APPLICATIONS IN THE APPEAL AGAINST CONVICTION BY THE REPRESENTATIVE OF THE LATE ABDELBASET ALI MOHAMED AL MEGRAHI AGAINST HER MAJESTY'S ADVOCATE AND THE ADVOCATE GENERAL [2020] ScotHC HCJAC_39 (26 August 2020)

The High Court of Justiciary allowed a Megrahi appeal to proceed on referred grounds, excluded systemic disclosure allegations, and ordered review of protectively marked documents.

  • Appeal against conviction
  • Miscarriage of justice
  • Disclosure obligations
  • Identification evidence
  • Public interest immunity
  • Criminal-appeal
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Criminal law [2018] ScotHC HCJAC_44

CUMLIN, APPEAL AGAINST CONVICTION BY AGAINST HER MAJESTY'S ADVOCATE

CUMLIN, APPEAL AGAINST CONVICTION BY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_44 (09 August 2018)

The Appeal Court rejected a conviction appeal, holding the jury directions on identification and DNA evidence were sufficient and no miscarriage of justice occurred.

  • Misdirection by omission
  • Identification evidence
  • Dna evidence
  • Corroboration
  • Criminal-law
  • Identification-evidence
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Criminal law [2017] ScotHC HCJAC_58

GANNON v HER MAJESTY'S ADVOCATE, NOTE OF APPEAL AGAINST CONVICTION BY

GANNON v HER MAJESTY'S ADVOCATE, NOTE OF APPEAL AGAINST CONVICTION BY [2017] ScotHC HCJAC_58 (08 August 2017))

The High Court of Justiciary refused Anthony Gannon’s appeal against conviction, holding there was no material misdirection about how the jury should treat CCTV evidence.

  • Identification evidence
  • Cctv evidence
  • Jury directions
  • Misdirection
  • Cctv-evidence
  • Jury-directions
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Criminal law [2017] ScotHC HCJAC_48

HM Advocate v Chung & Anor

HM Advocate v Chung & Anor [2017] ScotHC HCJAC_48 (27 June 2017)

The Scottish Appeal Court held that the Howden doctrine can rest on circumstantial identification evidence on one charge and quashed acquittals on two charges.

  • Doctrine of mutual corroboration
  • Howden doctrine
  • Identification evidence
  • Circumstantial evidence
  • Criminal-law
  • Identification-evidence
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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.