Appeal against Conviction by AA against His Majesty’s Advocate
| Jurisdiction | Scotland |
| Court | High Court of Justiciary |
| Judge | Lord Justice General,Lord Matthews,Lady Carmichael |
| Judgment Date | 04 August 2026 |
| Neutral Citation | [2026] HCJAC 31 |
| Date | 04 August 2026 |
| Published date | 04 August 2026 |
| Docket Number | HCA/2025/000460/XC |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2026] HCJAC 31
HCA/2025/000460/XC
Lord Justice General
Lord Matthews
Lady Carmichael
OPINION OF THE COURT
delivered by LORD MATTHEWS
in
APPEAL AGAINST CONVICTION
by
AA
Appellant
against
HIS MAJESTY’S ADVOCATE
Respondent
Appellant: W Culross, G Reid; Faculty Appeals Unit, Edinburgh for John Mathers & Co, Aberdeen
Respondent: J Keenan KC, AD; the Crown Agent
4 August 2026
[1] This appeal against conviction was heard on 15 July 2026. We refused it on the same
day and indicated that we would give our reasons in writing. This we now do.
Background
[2] The appellant was convicted after trial of a charge of attempting to murder a child
born 15 April 2021 by shaking him, pinching his face or otherwise inflicting trauma to his
2
head by means to the prosecutor unknown, to his severe injury, permanent disfigurement
and to the danger of his life.
[3] In due course, the trial judge imposed a sentence of imprisonment for 7 years,
against which there is no appeal.
The evidence
[4] It is not necessary to go into this in great detail however, some discussion of it is
required in order to put the appeal into context. Generally speaking, the case was a
circumstantial one involving: (i) the exclusion, as assailants, of a number of people who
cared for the child, (ii) certain comments made by the appellant about things which he
claimed happened to the child while he was in his care, and (iii) expert medical evidence.
[5] On 29 April 2021 the child’s mother, who was in the bedroom of her house, heard the
child crying. The appellant had care of him at that time and told her that he had fallen off
the sofa during a nappy change. The following call record notes were a matter of
agreement:
“Dad states infant was on changing mat which had been placed on sofa, dad states
he momentarily turned around to retrieve fresh nappy by which time baby was on
the floor. Dad states child is ‘wriggly’ and also ‘rolls.’”
They took the child to the hospital that day and the triage report recorded that the appellant
advised that the child “slide (sic) off changing mat off sofa.” The history and mechanism of
injury is recorded as “baby on changing mat, baby wriggled, dad was sitting on floor,
turned round and baby was still on changing mat on floor.” On examination, there was no
sign of bruising or other injury, and the child roused appropriately and tolerated his feed.
No concerns were noted and the child was discharged home with a minor head injury
advice leaflet.
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