Iain Smith

Iain called as an Advocate in 2014. With extensive court experience as a solicitor, he now defends high profile cases in the High Court, including attempted murder, rape and sexual abuse cases. He presents appeals against conviction and sentence in the High Court.

Iain is experienced in conducting Fatal Accident Inquiries and was previously a specialist Wildlife Crime prosecutor.

He regularly prosecutes in the High Court as an ad hoc Advocate Depute.

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 After cross-examination of both complainers all charges were withdrawn by the Crown.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
Conducted the fatal accident inquiry into the death of a commercial pilot.