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Nairn Sharp v HM Advocate
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Nairn Sharp v HM Advocate
HCA/2025/554/XC
Appeal against Conviction
Thursday 3 September 2026
10:30 until conclusion
[1] The appellant was convicted by a jury at the High Court of Justiciary at Glasgow of rape. The trial judge imposed custodial sentence of 6 years together with a Non-Harassment Order in respect of the complainer for an indefinite period.
[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. In particular, he argues that the sexual nature of messages passing between himself and the complainer gave a plausible explanation for comments he made after the event. He argues that the evidence ought to have been admitted for the purpose of challenging the complainer’s credibility and reliability, as well as supporting his defence of consent.
[3] The High Court of Justiciary Appeal Court will hear the appeal on Thursday 3 September 2026 at 10:30am.