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Scotland decisions
Decisions matching the current search
Appeal against Conviction by David Little against HMA (High Court of Justiciary) [2025] HCJAC 18 (25 March 2025)
The Appeal Court refused David Little’s conviction appeal, holding that reasonable belief in consent was not a live issue on the evidence and no jury direction was required.
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.
APPEAL AGAINST CONVICTION BY LW AGAINST HMA [2023] ScotHC HCJAC_18 (01 June 2023)
The Appeal Court held that reasonable belief in consent was not a live issue on the evidence and dismissed the appeal against conviction for rape.
APPEAL AGAINST CONVICTION BY RAYMOND NYIAM AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_44 (19 October 2021)
The appeal court refused Raymond Nyiam’s conviction appeal, holding that reasonable belief in consent was not a live issue and no further direction was needed.
APPEAL AGAINST CONVICTION BY AA AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_9 (09 February 2021)
The Appeal Court refused an appeal against conviction for sexual assault, holding that reasonable belief in consent was not a live issue on the evidence.
APPEAL AGAINST CONVICTION BY AW AND HB [2022] ScotHC HCJAC_16 (28 January 2021)
The appeal court quashed rape convictions after finding major defects in the judge’s charge, including failures on corroboration, distress evidence, and consent directions.
Graham, NOTE OF APPEAL AGAINST CONVICTION BY v HER MAJESTY'S ADVOCATE [2017] ScotHC HCJAC_71 (23 August 2017)
Appeal against conviction for rape dismissed. The court held distress evidence could corroborate both lack of consent and absence of reasonable belief in consent.
Parker v HM Advocate [2016] ScotHC HCJAC_40 (28 April 2016)
The Appeal Court of the High Court of Justiciary refused Craig Parker’s appeal against conviction, holding there was sufficient evidence that he had no reasonable belief in consent.
Winton v HM Advocate [2016] ScotHC HCJAC_19 (25 February 2016)
The appeal court held that rape under the 2009 Act turns on absence of reasonable belief in consent; no separate honest-belief-in-capacity defence arises.
ANDRIES VAN DER SCHYFF AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_67 (30 July 2015)
The Appeal Court of the High Court of Justiciary refused an appeal against conviction for sexual assault, holding the jury could convict despite deleting “asleep” from the libel.
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