Appeal Sheriff Appeal Court—Leave to appeal refused—Whether appeal to High Court against refusal of leave to appeal to Sheriff Appeal Court competent Mackay v Murphy (SAC) 83
Fraud—Fraudulent scheme to acquire parental rights— Whether three years’ imprisonment excessive VG v HM Advocate
February 2016 2016 S.C.C.R. 1−108 97
Lewd and libidinous conduct including attempted sodomy against boy of ten—No long-term adverse effect on complainer—Whether three years imprisonment unduly lenient HM Advocate v SSK 74
Bail Condition prohibiting contact with complainer in charge of domestic violence—Comments on imposition of condition Dunn v Porch 55
Misuse of drugs—Accused director of operation of supplying large quantities of high purity heroin—Whether 18 years’ imprisonment excessive Sutherland v HM Advocate 41
Compatibility issue Bail—Condition prohibiting contact with complainer in charge of domestic violence—Whether compatible with right to family life—European Convention on Human Rights, art.8 Dunn v Porch 55
Non-harassment order—Whether can be made in respect of person not named as victim in charge SJS v HM Advocate 12
Statements by children to investigators used as evidence at taking of evidence from children on commission— Commission taking place some time after interviews— Whether delay compatible with accused’s right to examine witnesses against him MacLennan v HM Advocate 101 Contempt of court Failure to answer witness citation because of domestic emergency—Whether failure wilful—Whether sheriff should have heard evidence—Whether contempt of court Strathern v Harvie 22
Rape—Oral rape by person in position of trust—Whether less serious than vaginal penetration—Whether three years’ imprisonment unduly lenient HM Advocate v AB 47 Rape—Whether prior relationship with complainers relevant—Whether two years’ imprisonment unduly lenient HM Advocate v SSK 74 Risk assessment report—Effect of failure to follow guidelines Kinloch v HM Advocate 25 Statutory offence Misuse of drugs—Admissibility of evidence—Search of vehicle following information that vehicle carrying drugs—
Rape—Corroboration—Whether complainer’s evidence of penetration during rape on bed corroborated Palmer v HM Advocate 71
Whether reasonable grounds for search
Road traffic Sentencing—Disqualification—Suspension of disqualification—Whether competent to seek suspension of driving licence from Sheriff Appeal Court pending appeal to High Court from refusal of leave to appeal to Sheriff Appeal Court Mackay v Murphy (SAC) 83
Possession of offensive weapon—Reasonable excuse—
Sentencing Delay—Whether sufficient account taken of delay between police charge and trial Sentencing—Consecutive sentences— Whether cumulative effect excessive WA v HM Advocate 51 Extended sentence—Accused aged 44—Whether extended period of two years sufficient HM Advocate v SSK 74
*657935*
25
Borland v HM Advocate
8
Whether fear of attack reasonable excuse Lunn v HM Advocate
17
2016 S.C.C.R. 1–108
Evidence Irregularly obtained—Search under Misuse of Drugs Act— Search of vehicle following information that vehicle carrying drugs—Whether reasonable grounds for search Borland v HM Advocate 8
Order for lifelong restriction—Offence committed by prisoners against prisoner—Whether circumstances of offence satisfy criteria for imposition of order Kinloch v HM Advocate
SCOTTISH CRIMINAL CASE REPORTS
Art and part Art and part by presence—Whether circumstances showed participation Gay v HM Advocate 87
Scottish Criminal Case Reports Edited by Sir Gerald H Gordon CBE, QC, LLD
Threatening or abusive behaviour—Defence that behaviour reasonable—Whether onus on defence evidential or persuasive—Whether defence of self-defence available Urquhart v HM Advocate Warrant Warrant to search for drugs—Accused seeking to set aside warrant by bill of suspension on ground that granted on incomplete and doubtful evidence—Motion to remit to evidential hearing Stewart v Harvie
33
1
Borland v HM Advocate Dunn v Porch Gay v HM Advocate HM Advocate v AB HM Advocate v SSK Lunn v HM Advocate Kinloch v HM Advocate Mackay v Murphy (SAC) MacLennan v HM Advocate
8 55 87 47 74 17 25 83 101
Palmer v HM Advocate Stewart v Harvie SJS v HM Advocate Strathern v Harvie Sutherland v HM Advocate Urquhart v HM Advocate VG v HM Advocate WA v HM Advocate
71 1 12 22 41 33 97 51