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JH v HM Advocate
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JH v HM Advocate
HCA/2025/449/XC
Appeal against Conviction
Thursday 28 May 2026
10:30 until conclusion
Ann Ogg, Solicitor Advocate
[1] The appellant was convicted by a jury at the High Court of Justiciary at Edinburgh of rape and, separately, sexual assault of a young child by penetration. The complainers were aged 12 and 13, while the appellant was aged 15 at the time of the offending. The trial judge imposed an extended sentence comprising a custodial term of 5 years and an extension period of 3 years together with a Non-Harassment Order in respect of each complainer for a period of 25 years.
[2] The appellant challenges his conviction on the ground that the preliminary hearing judge erred by refusing to admit adminicles of evidence under section 275 of the Criminal Procedure (Scotland) Act 1995 which he maintains would have supported his defence. In particular, he argues that evidence of messages passing between himself and the complainers demonstrative of a prior agreement to meet for sexual activity ought to have been admitted in evidence for the purposes of challenging the complainers’ credibility and to support his defence of consent insofar as it applied to the complainer aged 13.
[3] The High Court of Justiciary Appeal Court will hear the appeal on Thursday 27 May 2026 at 10:30am.