Criminal Trial
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By Euan A. Dow on 06/10/2013 9:17 AM
Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- On 26 April 2011 the appellant appeared on petition in relation to charge of murder by stabbing the deceased. The Crown instructed that the appellant be psychiatrically examined by two psychiatrists which subsequently took place and reports were produced which contained matters that may be prejudicial to the appellant. For example, one of the reports recorded that the appellant "last took" diazepam "on the night of the ...
By Law Brief Publishing on 23/02/2012 11:24 PM
The Appellant pleaded guilty to offences of theft and handling stolen goods and was sentenced to 15 months' imprisonment. The Appellant was also disqualified from driving for a period of three years pursuant to the Powers of Criminal Courts (Sentencing) Act 2000, s.147.The offences involved diesel fuel from a depot which was broken into. It was a highly sophisticated and planned operation by professional criminals - including the Appellant - which occurred over the course of two separate evening ...
By Euan A. Dow on 19/02/2012 8:20 AM
0 0 1 510 2913 Faculty of Advocates 24 6 3417 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- This was an appeal under section 174 of the Criminal Procedure (Scotland) Act 1995 which raised the question whether an amendment to section  ...
By Euan A. Dow on 30/11/2011 2:29 PM
Following trial at the High Court at Glasgow between October and December 2010 Mr Sheridan was convicted of perjury and the Crown withdrew the libel against Mrs Sheridan. In advance of the trial the trial judge repelled the accuseds' pleas in bar of trial based on prejudicial pre-trial publicity and related devolution minutes. Here the trial judge issued a Note in which he sets out his reasons for repelling the accuseds' minutes and further details the directions provided to the jury throughout ...
By Legal Knowledge Scotland on 21/11/2011 11:15 AM
Note recording Lord Bracadale’s reasons for repelling Thomas and Gail Sheridan’s pleas in bar of trial at their trial for perjury.  The Sheridans had argued that the trial would breach their right to a fair trial in terms of Article 6 of the European Convention of Human Rights contending that the pre-trial publicity meant that the trial could not be before an impartial tribunal. In particular they argued that: prejudicial material remained accessible at the time o ...
By Euan A. Dow on 02/11/2011 3:18 PM
Crown Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- On 13 July 2011 the sheriff at Aberdeen sustained an objection by the respondent as to the admissibility of DNA evidence. The objection related to DNA evidence obtained as a result of an evidential swab taken from the respondent, whilst she was in police custody, after she had been charged. It was submitted at the first diet before the sheriff that the terms of section 18(6)(A) of the Criminal Procedure (Scotland) Act ...
By Heather Kemmett on 18/08/2011 4:59 PM
  Parties and Background The complainers were six former pupils of Dalbeth Approved School, Bishopton. They alleged that they suffered abuse and assault at the hands of school staff between September 1970 and Jun 1971. The accused lodged preliminary pleas and devolution minutes.   Parties’ Submissions Both accused submitted that their right to a fair trial under Article 6 ECHR had been compromised by the delay of 21 years since the alleged offences, the death of potential wi ...
By Euan A. Dow on 09/06/2011 11:24 AM
Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been charged on summary complaint with:- (1) a contravention of the General Food Regulations 2004, Regulation 4(d), Food Safety Act 1990, Section 16(1) and European Communities Act 1972, Section 2(2); and (2) a contravention of Regulation 17(1) of the Food Hygiene (Scotland) Regulations of 2006. A plea to the competency of the two charges was rejected by the sheriff and it is against ...
By Euan A. Dow on 22/07/2010 6:09 PM
On 19 October 2001, Gilbey, a British citizen, was arrested at Don Mueang Airport, Thailand, with a travelling bag containing 3.3kg of high-purity heroin. Following a trial that lasted a number of months Gilbey, on 19 September 2002, was convicted of drug-trafficking offences and was sentenced to the death penalty which was subsequently commuted to life imprisonment backdated to 19 October 2001. He was held in Thai prisons until his repatriation to the United Kingdom and his trans ...
By Euan A. Dow on 03/03/2010 8:56 PM
Criminal Appeal under section 74 of the Criminal (Procedure) Scotland Act 1995:- The respondents have been indicted to Aberdeen Sheriff Court on a number of charges including inter alia:- "On 30 May 2008 at 28 Newton Road, 96 Cummings Park Circle, and elsewhere in Aberdeen you COLIN STEWART and LEE DONALD STEWART did abduct John Wright McPherson Leaper ... and detain him against his will and assault said [John Leaper] and repeatedly strike him on the head and body with a baseball bat and a metal ...
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