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CS v HM Advocate
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CS v HM Advocate
HCA/2024/550/XC
Appeal against Conviction and Sentence
Thursday 20 August 2026
10:30 until conclusion
Anthony Graham, KC
[1] The appellant was convicted after trial at the High Court of Justiciary at Inverness of five sexual offences against two former partners. On 11 October 2024 the trial judge imposed a cumulo sentence of 11 years’ imprisonment.
[2] The appellant appeals against conviction on grounds that various adminicles of evidence were improperly excluded from trial in accordance with the Scottish Courts’ approach to evidence captured by section 274 of the Criminal Procedure (Scotland) Act 1995 before the UK Supreme Court’s decision in Daly & Keir v HM Advocate [2025] UKSC 38, 2026 SC (UKSC) 1. He contends that the excluded evidence would have been incongruous with the evidence given by the complainers at trial and would therefore have served to undermine their credibility, giving rise to a reasonable doubt in the jury’s minds as to the appellant’s guilt.
[3] He also argues that the sentence imposed by the trial judge was excessive.
[4] The High Court of Justiciary Appeal Court will hear the appeal against conviction and sentence on 20 August 2026 at 10:30am.