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Criminal law [2025] HJAC 44

Appeal in terms of section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 by Ryan Shields against HMA (High Court of Justiciary)

Appeal in terms of section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 by Ryan Shields against HMA (High Court of Justiciary) [2025] HJAC 44 (14 September 2025)

The Appeal Court quashed breach findings and a 9-month sentence after holding that the sheriff’s procedure was unfair and should have involved a proof.

  • Supervised release order
  • Breach of conditions
  • Procedural fairness
  • Unrepresented accused
  • Sentence appeal
  • Supervised-release-order
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Criminal law [2022] ScotHC HCJAC_45

DARREN MORTON EADIE AND JOHN KENNEDY AGAINST HIS MAJESTY'S ADVOCATE

DARREN MORTON EADIE AND JOHN KENNEDY AGAINST HIS MAJESTY'S ADVOCATE [2022] ScotHC HCJAC_45 (02 December 2022)

The Appeal Court quashed SCPOs imposed at sentencing on two murder appellants, holding it was not proportionate to assess future risk so far before possible release.

  • Serious crime prevention orders
  • Murder
  • Sentence appeal
  • Proportionality
  • Parole regime
  • Serious-crime-prevention-orders
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Criminal law [2021] ScotSAC Crim 2

CROWN SENTENCE APPEAL BY PROCURATOR FISCAL, HAMILTON v JOHN DONNELLY

CROWN SENTENCE APPEAL BY PROCURATOR FISCAL, HAMILTON v JOHN DONNELLY [2021] ScotSAC Crim 2 (09 March 2021)

The Sheriff Appeal Court refused a Crown sentence appeal, holding that the sentence imposed was not unduly lenient and lay within the available range.

  • Sentence appeal
  • Undue leniency
  • Criminal-law
  • Sentence-appeal
  • Unduly-lenient-sentence
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Criminal law [2019] ScotHC HCJAC_77

MM, APPEAL BY HER MAJESTY'S ADVOCATE AGAINST MM

MM, APPEAL BY HER MAJESTY'S ADVOCATE AGAINST MM [2019] ScotHC HCJAC_77 (05 November 2019)

The Appeal Court held that the original sentence for sexual offences was unduly lenient, quashed it, and imposed a heavier sentence with extended supervision.

  • Sentence appeal
  • Sexual offences
  • Public protection
  • Sentence-appeal
  • Sexual-offences
  • Public-protection
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Criminal law [2019] ScotHC HCJAC_49

MOONEY, APPEAL AGAINST SENTENCE BY JOANNE MOONEY AGAINST HER MAJESTY'S ADVOCATE

MOONEY, APPEAL AGAINST SENTENCE BY JOANNE MOONEY AGAINST HER MAJESTY'S ADVOCATE [2019] ScotHC HCJAC_49 (18 July 2019)

The High Court of Justiciary Appeal Court dismissed Joanne Mooney’s sentence appeal, holding that the original sentence was not excessive and fell within the appropriate range.

  • Sentence appeal
  • Sentencing guidelines
  • Criminal-law
  • Sentence-appeal
  • Sentencing-guidelines
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Criminal law [2019] ScotHC HCJAC_44

LE, APPEAL AGAINST SENTENCE BY HAI VAN LE ALSO KNOW AS TRUNG DUNG LE AGAINST HER MAJESTY'S ADVOCATE

LE, APPEAL AGAINST SENTENCE BY HAI VAN LE ALSO KNOW AS TRUNG DUNG LE AGAINST HER MAJESTY'S ADVOCATE [2019] ScotHC HCJAC_44 (10 July 2019)

The Appeal Court dismissed an appeal against sentence, holding that the punishment imposed on Hai Van Le was not excessive and fell within the appropriate range.

  • Sentence appeal
  • Drug offences
  • Criminal-law
  • Sentence-appeal
  • Drug-offences
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Criminal law [2019] ScotHC HCJAC_45

CROWN SENTENCE APPEAL BY HER MAJESTY'S ADVOCATE AGAINST CJB

CROWN SENTENCE APPEAL BY HER MAJESTY'S ADVOCATE AGAINST CJB [2019] ScotHC HCJAC_45 (14 June 2019)

The High Court of Justiciary allowed the Crown’s sentence appeal, holding that the original sentence was unduly lenient and should be increased.

  • Sentence appeal
  • Sentence-appeal
  • Unduly-lenient-sentence
  • Criminal-law
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Criminal law [2019] ScotHC HCJAC_2

TAYLOR, CROWN APPEAL BY HER MAJESTY'S ADVOCATE AGAINST RICKY TAYLOR

TAYLOR, CROWN APPEAL BY HER MAJESTY'S ADVOCATE AGAINST RICKY TAYLOR [2019] ScotHC HCJAC_2 (07 February 2019)

The Crown appealed Ricky Taylor’s sentence as unduly lenient, but the court held it fell within the range a judge could reasonably impose and dismissed the appeal.

  • Sentence appeal
  • Sentencing guidelines
  • Criminal-law
  • Sentence-appeal
  • Sentencing-guidelines
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Criminal law [2018] ScotHC HCJAC_18

BELL, APPEAL AGAINST SENTENCE BY AGAINST HER MAJESTY'S ADVOCATE

BELL, APPEAL AGAINST SENTENCE BY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_18 (06 February 2018)

The Appeal Court allowed a sentence appeal in a child pornography case, holding that an extended sentence was unnecessary and substituting 52 months' imprisonment.

  • Sentence appeal
  • Child pornography offences
  • Extended sentence
  • Sexual offences prevention order
  • Sentence-appeal
  • Extended-sentence
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.