An Aberdeen medical student convicted of molesting a woman at a party was the victim of a miscarriage of justice, his lawyers argued to appeal court judges today.
Judges at the Court of Criminal Appeal in Edinburgh were told that David Little, 24, had done nothing wrong in the case, which was heard at Aberdeen Sheriff Court last year.
Little, who studies at Aberdeen University, is hoping to have his conviction quashed.
The student was found guilty following a trial at the city’s sheriff court last year of sexually touching and repeatedly trying to kiss a fellow undergraduate in November 2021 at a flat.
He was also convicted of groping the same woman during a taxi journey through Aberdeen.
Appeal court hearing
Today, defence advocate Neil Shand told judges Lord Beckett, Lord Matthews and Lord Armstrong that evidence available in the case showed that Little was wrongfully convicted.
Mr Shand argued that the evidence showed that Little had done nothing wrong in his dealings with the complainer in the case.
Mr Shand said: “He maintains the behaviour was consensual.”
The lawyer said Little had “reasonable belief” that the complainer was consenting to his behaviour.
Lord Beckett told Mr Shand that the court would issue its decision sometime in the near future.
He added: “We will reflect upon submissions.”
Jury found medical student guilty
At proceedings last June, Mr Shand told the sheriff court hearing that Little – who was fourth in his year – had been unable to graduate since the allegations against him were made to police.
The charge on which Little was convicted states that between November 26 and November 27 2021 at a flat in Aberdeen and during a taxi ride he sexually assaulted the woman.
He was found guilty at trial of grabbing the woman and pulling at her clothing while repeatedly trying to kiss her.
The jury also found the medical student guilty of repeatedly trying to hug the woman and kiss her neck.
The court heard how Little’s victim had to sit through a Harry Potter movie following the assault.
Little was found not proven on a charge of more serious sexual offences on the same woman.
A not guilty verdict was returned on a drugs charge.
Career aspirations hit
Little was given 100 hours unpaid work and was told he’d be supervised by the authorities for 12 months. He was also placed on the Sex Offenders Register.
At his client’s sentencing hearing, Mr Shand claimed Little “will be required to live with this conviction forever”. Mr Shand also said that the conviction could stop him from pursuing a career in medicine.
He added that Little’s future remained “uncertain”, due to his inability to graduate from his university course.
He added: “The worst-case scenario is that he is expelled from the university and, other than that, there are other scenarios, like suspension – things that would impact his ability to graduate.”
The advocate stated that he was aware that his client’s behaviour had made his victim “uncomfortable” but that afterwards they “continued watching Harry Potter” together.
He added that a conviction and his client’s subsequent placement on the sex offenders register would have a “detrimental effect” on his “career aspirations”.
Sentencing Little, Sheriff Morag McLaughlin told Little that it was clear that his conviction was “going to have a significant impact on your future”.
She added: “The offence that you were found guilty of, while serious, was not as serious as what you were initially charged with – but it will continue to have a massive impact on you.”
Sheriff McLaughlin made Little, of Forest Avenue, Aberdeen, subject to a community payback order.