A person who was sentenced to unpaid work after being convicted of raping a 13-year-old lady has had his conviction quashed.
Sean Hogg, 22, smirked as he left courtroom after being advised he wouldn’t be topic to a retrial following his acquittal.
He was convicted of raping the 13-year-old on numerous events in 2018, when he was aged 17.
He was spared jail by Choose Lord Lake on the Excessive Courtroom in Glasgow in April and was as an alternative given 270 hours of unpaid work, though he mentioned if Mr Hogg was over 25, he would have been sentenced to 4 or 5 years behind bars.
Mr Hogg claimed he was wrongfully convicted of the assaults in Dalkeith Park, Midlothianand appealed.
Judges on the Courtroom of Felony Attraction in Edinburgh have now quashed his conviction after prosecutors admitted “errors had been made” throughout his trial.
Choose Woman Dorrian mentioned: “There was an insufficiency of proof for conviction.
“The attraction should succeed.”
Solicitor Normal Ruth Charteris KC mentioned: “It’s not within the pursuits of justice to hunt a brand new prosecution.”
The Crown Workplace had deliberate to problem the “unduly lenient” sentence, if the attraction in opposition to conviction had not succeeded.
In a earlier listening to, each the advocate depute and the trial decide had been recognized as having did not push for extra element or challenge satisfactory instructions to the jury.
Donald Findlay KC, representing Mr Hogg, advised that listening to: “There was a miscarriage of justice.”