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Criminal law [2025] HCJAC 40

Appeal under Section 107A of the Criminal Procedure (Scotland) Act 1995 by HMA against CM (High Court of Justiciary)

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.

  • Mutual corroboration
  • Sufficiency of evidence
  • Sexual offences against children
  • No case to answer submission
  • Corroboration
  • Indecent assault
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Criminal law [2025] SACCRIM 3

Appeal by Stated Case against Conviction by Samuel Stewart against PF Lanark (Sheriff Appeal Court Criminal)

Appeal by Stated Case against Conviction by Samuel Stewart against PF Lanark (Sheriff Appeal Court Criminal) [2025] SACCRIM 3 (29 April 2025)

The Sheriff Appeal Court refused Samuel Stewart’s appeal against conviction for directing a laser beam at a moving tractor under the 2018 Act.

  • Statutory interpretation
  • Laser misuse (vehicles) act 2018
  • Sufficiency of evidence
  • Best evidence rule
  • Strict liability offences
  • Criminal-law
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Criminal law [2025] SACCRIM 1

Appeal by Stated Case against Conviction by Elaine Murphy against PF Perth (Sheriff Appeal Court Civil)

Appeal by Stated Case against Conviction by Elaine Murphy against PF Perth (Sheriff Appeal Court Civil) [2025] SACCRIM 1 (11 March 2025)

The Sheriff Appeal Court upheld a conviction for assault, holding there was sufficient corroborated evidence despite no eyewitness to the strike.

  • Corroboration
  • Admissions
  • Assault
  • Sufficiency of evidence
  • Sufficiency-of-evidence
  • Criminal-appeal
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Criminal law [2024] HCJAC 40

Bill for Criminal Letters by AB against Paul Cooney (High Court of Justiciary)

Bill for Criminal Letters by AB against Paul Cooney (High Court of Justiciary) [2024] HCJAC 40 (29 October 2024)

The Appeal Court refused criminal letters for a private prosecution, holding that exceptional circumstances were not shown and no ECHR breach was established.

  • Private prosecution
  • Renunciation of prosecution
  • Exceptional circumstances
  • Echr article 3 and 8 rights
  • Sufficiency of evidence
  • Role of lord advocate
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Criminal law [2023] ScotSAC Crim 13

APPEAL v CONVICTION BY PAUL MATTHEWS v PF ABERDEEN

APPEAL v CONVICTION BY PAUL MATTHEWS v PF ABERDEEN [2023] ScotSAC Crim 13 (07 August 2023)

The Sheriff Appeal Court dismissed Paul Matthews’ appeal against conviction, holding that the trial evidence was sufficient and there was no legal misdirection.

  • Appeal against conviction
  • Sufficiency of evidence
  • Appeal-against-conviction
  • Sufficiency-of-evidence
  • Criminal-appeal
  • Scottish-criminal-law
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Criminal law [2023] ScotHC HCJAC_28

APPEAL BY DW AGAINST HMA

APPEAL BY DW AGAINST HMA [2023] ScotHC HCJAC_28 (26 July 2023)

Appeal against conviction and sentence refused. The court held that strong similarities between allegations of child sexual abuse allowed mutual corroboration despite a long time gap.

  • Sexual offences
  • Mutual corroboration
  • Lewd, indecent and libidinous practices
  • Sufficiency of evidence
  • Mutual-corroboration
  • Child-sexual-abuse
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Criminal law [2023] ScotSAC Crim 4

PF PETERHEAD v BRANDON DOUGLAS AND JOHN POW

PF PETERHEAD v BRANDON DOUGLAS AND JOHN POW [2023] ScotSAC Crim 4 (25 April 2023)

Scottish Sheriff Appeal Court criminal appeal on sufficiency of evidence and corroboration. The court upheld the convictions and dismissed the appeal.

  • Appeal against conviction
  • Sufficiency of evidence
  • Criminal-law
  • Criminal-appeal
  • Sufficiency-of-evidence
  • Corroboration
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Criminal law [2021] ScotHC HCJAC_30

APPEALS AGAINST CONVICTION AND SENTENCE BY (1) KEVIN MILLER AND (2) LAUREN MILLER AGAINST HER MAJESTY's ADVOCATE

APPEALS AGAINST CONVICTION AND SENTENCE BY (1) KEVIN MILLER AND (2) LAUREN MILLER AGAINST HER MAJESTY's ADVOCATE [2021] ScotHC HCJAC_30 (06 May 2021)

The Appeal Court quashed stalking convictions against Kevin and Lauren Miller because the jury was not properly directed on concert and the statutory elements.

  • Stalking
  • Concert (joint criminal responsibility)
  • Misdirection
  • Sufficiency of evidence
  • Disclosure obligations
  • Joint-criminal-responsibility
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Criminal law [2021] ScotHC HCJAC_23

MARK WILLIAM DUTHIE AGAINST HER MAJESTY's ADVOCATE

MARK WILLIAM DUTHIE AGAINST HER MAJESTY's ADVOCATE [2021] ScotHC HCJAC_23 (30 March 2021)

The High Court of Justiciary refused an appeal against conviction, holding that mutual corroboration could apply between rape charges despite a long time gap.

  • Mutual corroboration
  • Rape
  • Domestic abuse
  • Sufficiency of evidence
  • No case to answer submission
  • Mutual-corroboration
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Criminal law [2021] ScotHC HCJAC_22

APPEAL AGAINST CONVICTION BY DAVID SCOTT AGAINST HER MAJESTY'S ADVOCATE

APPEAL AGAINST CONVICTION BY DAVID SCOTT AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_22 (23 March 2021)

The court refused David Scott’s appeal against his murder conviction, holding the circumstantial evidence and DNA on burned clothing were sufficient.

  • Murder
  • Circumstantial evidence
  • Dna evidence
  • Defective representation
  • Joint minute
  • Sufficiency of 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.