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Criminal law [2024] HCJAC 35

Note of appeal against conviction by Michael Cowan against HMA (High Court of Justiciary)

Note of appeal against conviction by Michael Cowan against HMA (High Court of Justiciary) [2024] HCJAC 35 (31 July 2024)

The Appeal Court of the High Court of Justiciary refused Michael Cowan’s appeal against conviction for rape, holding there was sufficient evidence and no unreasonable verdict.

  • Rape
  • Consent
  • Capacity to consent
  • Unreasonable verdict
  • Evidential sufficiency
  • Criminal-appeal
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Criminal law [2024] ScotHC HCJAC_16

APPEAL AGAINST CONVICTION BY WILLIAM BAIN

APPEAL AGAINST CONVICTION BY WILLIAM BAIN [2024] ScotHC HCJAC_16 (25 April 2024)

The Appeal Court refused William Bain’s appeal against conviction under the Domestic Abuse (Scotland) Act 2018, upholding directions on corroboration and course of conduct.

  • Domestic abuse
  • Corroboration
  • Sexual offences
  • Jury directions
  • Unreasonable verdict
  • Domestic-abuse
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Criminal law [2021] ScotHC HCJAC_49

NOTE OF APPEAL AGAINST CONVICTION BT JSC AGAINST HER MAJESTY'S ADVOCATE

NOTE OF APPEAL AGAINST CONVICTION BT JSC AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_49 (25 November 2021)

The Appeal Court refused a conviction appeal, rejecting disclosure, unreasonable-verdict, and corroboration challenges in a child sexual abuse case.

  • Sexual offences
  • Mutual corroboration
  • Disclosure obligations
  • Jury directions
  • Corroboration of penetration
  • Unreasonable verdict
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Criminal law [2021] ScotHC HCJAC_3

APPEAL AGAINST CONVICTION FOLLOWING UPON A REFERENCE FROM THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION BY THE REPRESENTATIVE OF HTE LATE ABDELBASET ALI MOHAMED AL MEGRAHI AGAINST HER MAJESTY'S ADVOCATE

APPEAL AGAINST CONVICTION FOLLOWING UPON A REFERENCE FROM THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION BY THE REPRESENTATIVE OF HTE LATE ABDELBASET ALI MOHAMED AL MEGRAHI AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_3 (15 January 2021)

The Appeal Court rejected Megrahi’s challenge to conviction, holding the identification evidence and surrounding circumstances sufficient and refusing the disclosure complaint.

  • Appeal against conviction
  • Unreasonable verdict
  • Non-disclosure of evidence
  • Eyewitness identification
  • Miscarriage of justice
  • Criminal-appeal
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Criminal law [2017] ScotHC HCJAC_64

MAXWELL ,NOTE OF APPEAL AGAINST CONVICTION AND SENTENCE BY AGAINST HER MAJESTY'S ADVOCATE

MAXWELL ,NOTE OF APPEAL AGAINST CONVICTION AND SENTENCE BY AGAINST HER MAJESTY'S ADVOCATE [2017] ScotHC HCJAC_64 (17 August 2017))

The High Court of Justiciary rejected an appeal against conviction in a sexual offences case, upheld the admission of Facebook messages, and reduced the total sentence to 12 months.

  • Sexual offences
  • Corroboration
  • Sentencing
  • Admissibility of evidence
  • Unreasonable verdict
  • Sexual-offences
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Criminal law [2016] ScotHC HCJAC_49

Docherty v HM Advocate

Docherty v HM Advocate [2016] ScotHC HCJAC_49 (20 May 2016)

The Appeal Court upheld John Docherty’s murder conviction and 21-year punishment part, finding the DNA and circumstantial evidence sufficient and the verdict reasonable.

  • Murder
  • Dna evidence
  • Unreasonable verdict
  • Sentencing practice
  • Dna-evidence
  • Unreasonable-verdict
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Criminal law [2015] ScotHC HCJAC_69

BEGG AGAINST HER MAJESTY'S ADVOCATE

BEGG AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_69 (07 August 2015)

Criminal appeal challenging mixed jury verdicts on grounds of unreasonable verdict and mutual corroboration was refused.

  • Mutual corroboration
  • Credibility of witnesses
  • Unreasonable verdict
  • Sexual offences
  • Cross-examination of vulnerable witnesses
  • Criminal-appeal
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Criminal law [2015] ScotHC HCJAC_6

MACKINNON & Anor, APPEAL AGAINST CONVICTION BY, AGAINST HER MAJESTY'S ADVOCATE

MACKINNON & Anor, APPEAL AGAINST CONVICTION BY, AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_6 (04 February 2015)

The Appeal Court of the High Court of Justiciary refused two appeals against conviction, holding that the jury was entitled to accept the Crown case.

  • Appeal against conviction
  • Unreasonable verdict
  • Jury assessment
  • Circumstantial evidence
  • Criminal-appeal
  • Unreasonable-verdict
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Criminal law [2014] ScotHC HCJAC_71

OPINION OF THE LORD JUSTICE GENERAL IN THE APPEAL AGAINST CONVICTION BY MARTIN DOCHERTY AGAINST HER MAJESTY'S ADVOCATE

OPINION OF THE LORD JUSTICE GENERAL IN THE APPEAL AGAINST CONVICTION BY MARTIN DOCHERTY AGAINST HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_71 (16 July 2014)

The High Court of Justiciary refused Martin Docherty’s appeal against conviction, upholding identification evidence and finding no material misdirection or unreasonable verdict.

  • Identification evidence
  • Dock identification
  • Admissibility of evidence
  • Jury directions
  • Robbery
  • Assault
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Criminal law [2012] ScotHC HCJAC_91

Fletcher v HM Advocate

Fletcher v HM Advocate [2012] ScotHC HCJAC_91 (15 June 2012)

The appeal court refused Fletcher’s appeal against conviction for robbery, holding the jury’s verdict was reasonable on the total circumstantial evidence.

  • Robbery
  • Identification evidence
  • Unreasonable verdict
  • Circumstantial evidence
  • Criminal-law
  • Identification-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.