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Scotland decisions
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Note of appeal by Pa Samba Saye against HMA (High Court of Justiciary) [2025] HCJAC 8 (25 July 2024)
The Appeal Court upheld a ruling excluding evidence about alleged sexual activity with third parties in a rape trial where the accused admitted intercourse but relied on consent.
Sinclair v HM Advocate [2016] ScotHC HCJAC_26 (24 March 2016)
The Appeal Court held that any disclosure failure about an incriminee’s address caused no miscarriage of justice because the defence made no real attempt to investigate.
DAVID RONALD SHANKS HUNTER v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_28 (12 March 2014)
The High Court of Justiciary refused an appeal against conviction, holding that the jury directions on mixed statements were adequate and any error about an exculpatory denial was immaterial.
Flanagan v. Her Majesty's Advocate [2011] ScotHC HCJAC_81 (23 August 2011)
The appeal court refused a conviction appeal in a cocaine supply case, holding that the jury charge as a whole adequately covered reasonable doubt despite no specific incrimination direction.
PAMELA ANN GOURLAY v. HER MAJESTY'S ADVOCATE [2001] ScotHC 6 (16th February, 2001)
The court held that while the number of judicial interventions was higher than desirable, they were aimed at clarifying the evidence and did not materially prejudice the appellant's case. The judge's charge, including the treatment of Peter Cumming's evidence, was balanced and did not give rise to any real risk of prejudice or miscarriage of justice. The appeal was therefore refused.
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