Glasgow & West Scotland

Rapist Gavin Livingstone has one conviction quashed

A man who is serving a 10-year prison term for raping two women has had one of the convictions quashed on appeal.

Gavin Livingstone, 30, was jailed for raping the women between May 2006 and September 2012 in Ayrshire.

Appeal judges said because jurors had deleted references to rape from one of the charges of which he was convicted, there was reasonable doubt over whether they intended to convict him of rape.

Livingstone's appeal against his sentence will be heard at a later date.

He was jailed in October 2013 after being convicted of carrying out numerous attacks on the woman at various locations in Ayrshire.

Verdict 'confused'

His appeal against his conviction and sentence was head at the Court of Criminal Appeal in Edinburgh by judges Lady Smith, Lord Eassie and Lady Paton.

In a written judgement issued on Friday, Lady Smith wrote: "The jury were not, according to their deletions, satisfied that the appellant had raped the woman at all on the occasions referred to in the charge.

"In those circumstances and having had regard to the description of the woman's evidence provided by the trial judge, we consider the jury's verdict to be so confused as to the criminal acts of which they were intending to convict the appellant.

"Accordingly it amounts to a miscarriage of justice."

However, the appeal court did not quash Livingstone's other two rape convictions and a conviction for sexual assault with intent to rape.

The judges also continued an appeal against Livingstone's 10-year sentence, which will be heard at some time in the near future.

Livingstone, formerly of Doonholm Cottages, Ayr, was found guilty of rape and sexual assault charges following a trial at the High Court in Paisley in September 2013.

The court heard how he abused the first woman at an address in Darvel, on an occasion between May 2006 and March 2007.

Livingstone was said to have abused the other woman at an address in Kilmarnock having made contact with her on a dating website.

Related Topics

Related Internet links

The BBC is not responsible for the content of external Internet sites