O'Neill, Hayburn and McNeil v HM Advocate

Criminal evidence and procedure – Sufficiency of evidence – Misdirection – Unreasonable verdict. High Court of Justiciary: In appeals by three appellants against convictions for fraud involving mortgage loans a bank would not have granted had it known the truth about the borrowers' incomes, and by two of the appellants against convictions for transferring criminal property, the court rejected grounds of appeal based on sufficiency of evidence, misdirection by the sheriff and unreasonableness of the verdicts, however it concluded that it would be appropriate to quash the custodial sentences the sheriff imposed on the second and third appellants and to substitute community service orders.

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