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David Cuthill v HM Advocate
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David Cuthill v HM Advocate
HCA/2025/318/XC
Appeal against conviction
Thursday 12 February 2026
10:30 until conclusion
Darren Cox
[1] The appellant was convicted by a jury at Dunfermline Sheriff Court of a charge of having with him in prison an article which had a blade or a sharp point. He was sentenced to imprisonment for 8 months. He appeals against conviction on two grounds. He argues, first, that the sheriff misdirected the jury when she directed them not only about articles with a sharp point or a blade but also about offensive weapons. Second, he argues that the sheriff further misdirected the jury when directing them about the meaning of the appellant having an article “with him.”
[2] The High Court of Justiciary Appeal Court will hear the appeal on Thursday 12 February 2026 at 10:30am.