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Iain Smith

Iain called as an Advocate in 2014.  He acts as Defence counsel in the High Court. He has defended in attempted murder, rape, drugs, and sexual abuse cases. He presents appeals in the High Court and Sheriff Appeal court.

Iain has extensive court experience since 1996 defending, prosecuting, and conducting Fatal Accident Inquiries.

Previously he was a specialist Wildlife Crime prosecutor. Also a Confiscation specialist with experience in criminal confiscations and cash seizures.

Selected Cases

Douglas v HM Advocate, 2020 S.C.C.R. 288
Appeal against conviction on attempted murder charge. Whether attempted murder could be corroborated by ‘similar fact evidence’ from another charge, and whether evidence sufficient for active participation.

Watson v HM Advocate, 2019 S.C.C.R. 291
Appeal against rape conviction corroborated by rubbing a second complainer on the leg.

HM Advocate v JB (2019, High Court, unreported)
Defence of multiple sexual allegations from the 1980’s. Accused acquitted on all charges.

HM Advocate v WM (2019, High Court, unreported)
Defence of teenager accused of rapes and sending sexual images. After cross-examination of both complainers all charges were withdrawn by the Crown.

HM Advocate v LL (2019, Dumfries Sheriff & Jury, unreported)
Defence of female staff member of a children’s home accused of sexual abuse. Acquitted on all charges.

NG v HM Advocate (2017, Edinburgh Sheriff & Jury, unreported)
Former student charged with abduction, assault, stalking and theft. During the trial tendered guilty plea to single breach of the peace. Fine and N.H.O. imposed.

Timothy Cook FAI
https://www.scotcourts.gov.uk/search-judgments/judgment?id=812a87a6-8980-69d2-b500-ff0000d74aa7
Conducted the fatal accident inquiry into the death of a commercial pilot.