What can we help you with today?
CMD v HM Advocate
References may be made to sexual offences, violence, or other sensitive matters. Some viewers may find the content distressing.
Where necessary, certain information may be restricted to protect the identity of complainers and witnesses.
Hearings are livestreamed as part of the Scottish Courts and Tribunals Service’s support for open justice.
Please note that recording, storing or broadcasting the proceedings is only possible if permitted under the law on fair dealing or if authorised by the Lord President under the Judicial Office for Scotland Broadcast Protocol.
Any unauthorised capture, re-use, re-editing or redistribution of the material could attract liability for breach of copyright, in addition to the possibility of contempt of court proceedings.
This is an archive of a livestream. Find out about restrictions on livestreaming.
CMD v HM Advocate
HCA/2025/328/XC
Appeal against conviction
Thursday 21 May 2026
10:30 until conclusion
Ann Ogg, Solicitor Advocate
[1] The appellant was convicted after trial at the High Court of Justiciary at Glasgow of three charges concerning domestic abuse and threatening and abusive behaviour towards two complainers. One of the domestic abuse charges, charge 3, included an averment of rape. On 11 June 2025 the trial judge imposed a sentence of 1 year imprisonment in respect of charge 2 and a sentence of 7 years’ imprisonment in respect of charge 3. The appellant was admonished of charge 4.
[2] The indictment initially placed before the jury included an additional 6 charges. One of these additional charges, charge 1, was a charge of rape. At the conclusion of the Crown case, the Advocate Depute withdrew the additional charges from the indictment.
[3] The appellant appeals against conviction on the basis that the trial judge erred in directing the jury that they could take into account the evidence they had heard in support of the withdrawn charges when deliberating on the remaining live charges. He argues that the evidence heard in support of charge 1 was particularly prejudicial and had no relevance to the remaining charges.
[4] The appeal will be heard by the High Court of Justiciary Appeal Court on Thursday, 21 May 2026.