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Scotland decisions
Decisions matching the current search
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 11-year sentence refused. The court held that proposed sexual-history evidence would not have shown a miscarriage of justice and that the sentence was not excessive.
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.
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 under Section 107A of the Criminal Procedure (Scotland) Act 1995 by HMA against CM (High Court of Justiciary) [2025] HCJAC 40 (20 August 2025)
The Appeal Court allowed a Crown appeal and held there was sufficient evidence for charge 2 to go to the jury, including free-standing corroboration and possible mutual corroboration.
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.
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.
Appeal against Conviction and Sentence by Kyle Beveridge (High Court of Justiciary) [2025] HCJAC 23 (21 May 2025)
The appeal court refused Kyle Beveridge’s appeal against conviction and sentence, holding that late-admitted hearsay caused no miscarriage of justice and the 12-year custodial term was not excessive.
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.
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.
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