Appeal against Sentence by Curtis Lee Ross against His Majesty’s Advocate
| Jurisdiction | Scotland |
| Court | High Court of Justiciary |
| Judge | Lord Justice Clerk ,Lord Matthews,Lord Clark |
| Judgment Date | 31 July 2026 |
| Neutral Citation | [2026] HCJAC 29 |
| Date | 31 July 2026 |
| Published date | 31 July 2026 |
| Docket Number | HCA/2026/161/XC |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2026] HCJAC 29
HCA/2026/161/XC
Lord Justice Clerk
Lord Matthews
Lord Clark
OPINION OF THE COURT
delivered by LORD BECKETT, the LORD JUSTICE CLERK
in
APPEAL AGAINST SENTENCE
by
CURTIS LEE ROSS
Appellant
against
HIS MAJESTY’S ADVOCATE
Respondent
Appellant: Gillespie KC; McKenzies Solicitors, Kirkcaldy
Respondent: Dickson KC, sol adv; the Crown Agent
________________________
31 July 2026
Introduction
[1] The appellant challenges the imposition of an order for lifelong restriction with a
punishment part of 12 months’ imprisonment in the High Court of Justiciary at Glasgow on
13 March 2026 on the following charge:
2
“(001) between 25 June 2024 and 31 July 2024 at an area of ground on the north bank
of the River Leven known locally as ‘The Dam’, Methil, 10 Stewart Court, Methil,
both Fife and elsewhere in Fife, you … did behave in a threatening or abusive
manner which was likely to cause a reasonable person to suer fear or alarm in that
you did send various messages and voice notes over the Snapchat and Facebook
Messenger platforms, cause an explosion using gas cannisters(sic), record same and
post said recording on Facebook and Snapchat platforms; CONTRARY to
Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010.”
The maximum sentence for this crime is 5 years’ imprisonment, but this did not preclude the
imposition of an OLR so long as the punishment part was no more than 5 years’
imprisonment. Nevertheless, this is an unusual and dicult case and it is necessary to
examine in some detail the nature of his oence, certain things the appellant said and wrote
subsequently, and the professional assessments prepared.
Procedure
[2] The appellant appeared on petition on 2 August 2024 and was remanded in custody
until sentence was passed. He was indicted to a preliminary hearing on 23 May 2025 which
was adjourned administratively until 25 July 2025 when he pled guilty at the continued PH
to charge 1. His plea of not guilty was accepted on charge 2:
“(002) between 1 June 2023 and 1 August 2024, both dates inclusive, at 10
Stewart Court, Methil, Fife, you …did possess an article, namely
gas canisters, pieces of wire, wire snips, mobile telephones, watch, nails, screws,
baeries, soldering iron, ruler, craft knife, annotated notepad, and electronic
devices, in circumstances giving rise to reasonable suspicion that your
possession was for a purpose connected with the commission, preparation or
instigation of an act of terrorism within the meaning of the aftermentioned Act:
CONTRARY to the Terrorism Act 2000, Section 57(1) as amended.”
[3] The judge adjourned for a justice social work report until 22 August 2025, then made
a risk assessment order and continued proceedings until sentence was passed.
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