Tayside and Central Scotland

Man to be freed after 'revenge porn' convictions quashed

Clive Weatherhogg Image copyright Alan Richardson
Image caption Appeal judges agreed a sheriff misdirected the jury in Clive Weatherhogg's trial

A man jailed for six years for coercing a woman into having sex with a stranger and sending "revenge porn" to her family has had the convictions quashed.

Clive Weatherhogg's counsel told appeal judges that prosecutors now conceded there had been a miscarriage of justice over the coercion charge.

Appeal judges also agreed that a jury was misdirected over charges relating to the footage sent to relatives.

Mr Weatherhogg, 43, was jailed last May after being found guilty by a jury.

It is understood he will now be released from prison.

Sheriff George Way had remitted the case from Dundee Sheriff Court to the High Court in Edinburgh to be dealt with because of its greater sentencing powers.

Defence counsel Shelagh McCall QC told the Court of Criminal Appeal in Edinburgh that the Crown conceded there was insufficient evidence to prove lack of consent on the coercion charge.

The Lord Justice Clerk, Lady Dorrian, who heard the appeal with Lady Paton and Lord Turnbull, said: "We are satisfied the concession is well made."

Miscarriage of justice

Lord Turnbull said that information conveyed to the court seemed to show that even at an earlier preparatory marking stage in the case there were concerns over a lack of corroboration.

Lady Dorrian said the appeal judges were also satisfied that misdirections given to jurors by Sheriff Way over the charges relating to the footage sent to relatives were "material and constituted a miscarriage of justice".

Mr Weatherhogg, of Guthrie, near Forfar, Angus, had denied the charges during the trial, but admitted a separate charge of uploading the film to the internet.

He was jailed for four-and-years by Lady Wolffe with an additional 18 months for the charge he admitted.

The appeal hearing was told that Mr Weatherhogg had been in custody since March last year and had served the 18 month sentence, taking into account early release provisions.

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