About this case

Case name

HM Advocate v CM

Case reference

HCA/2025/577/XC

Type of appeal

Crown Appeal against Sentence

Date of hearing

Friday 16 January 2026

Time of hearing

10:30 until conclusion

Judges

• Lord Justice Clerk
• Lord Matthews
• Lord Armstrong

Counsel for the Respondent (CM)

Fred Mackintosh, KC

Case description

[1]    On 21 August 2025 the respondent was convicted by a jury at Perth Sheriff Court of four charges including assault, sexual assault and the use of lewd, indecent and libidinous practices towards a young child.

[2]    On 2 October 2025, the respondent was sentenced to a total period of 40 months imprisonment. Additionally, a Non-Harassment Order was imposed in favour of each of the complainers for a period of 10 years.

[3]    The Crown appeals on the grounds of undue leniency. They argue that the sheriff erred in her assessment of the seriousness of the offending, that a more severe sentence was necessary and that a Sexual Harm Prevention Order was appropriate in the circumstances.

[4]    The appeal will be heard by the High Court of Justiciary Appeal Court on Friday 16 January 2026 at 10:30am.