At Haddington Sheriff Court on 26 April 2010, the firm of Hamilton Farmers (East Lothian), pled guilty to a breach of section 2(1) of the Health & Safety at Work etc Act 1974.
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Criminal Note of Appeal Against Conviction:- On 1 September 2008 the appellant was convicted after trial at Glasgow High Court of an assault to injury, an assault to injury and permanent disfigurement and an attempted murder, with each of the three charges aggravated by the appellant being on bail on two occasions. The appellant was sentenced to seven years and six months detention in cumulo with six months attributable to the bail aggravations. At the trial the appellant gave evidence and durin ...
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Criminal Note of Appeal Against Conviction:- The appellant was convicted of the following charge on 19 July 2009 under deletion of the word “repeatedly”:- “..you ... did assault S.A.B. ... and did [repeatedly] strike him on the neck and body with a knife or similar instrument, all to his severe injury, permanent disfigurement and to the danger of his life and you did attempt to murder him, and you did previously evince malice and ill-will towards him." The appellant appealed on ...
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Under section 82 Sexual Offences Act 2003 all persons sentenced to 30 months’ imprisonment or more for a sexual offence become subject to a lifelong duty to keep the police notified of where they are living and of travel abroad (‘the notification requirements’). There is no right to a review of the necessity for the notification requirements at any time. The respondents are convicted sex offenders subject to the notification requirements. Both brought claims for judici ...
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Criminal Note of Appeal Against Sentence:- On 21 October 2004 the appellant was remitted to the High Court for sentencing for a serious assault and received an extended sentence of 9 years (with a custodial part of 6 years). In October 2008 the appellant was released on licence. On 3 November 2008 the appellant was granted bail at Glasgow District Court in relation to a charge of theft of a car and on 8 December 2008 he was alleged to have committed new offences, namely having with him in a publ ...
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Criminal Appeal by Stated Case:- Following trial at Glasgow Sheriff Court the appellant was convicted on summary complaint of a contravention of section 49(1) of the Criminal Law (Consolidation)(Scotland) Act 1995, namely, being in possession of a knife in a public place with no good reason or lawful authority. The appellant appealed on a number of grounds only one of which was argued here and related to defective representation by the appellant's trial counsel. In particular, trial counsel̵ ...
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On 21 November 2007 the appellant was convicted in absence of four offences and sentenced to a period of imprisonment. A European Arrest Warrant (E.A.W.) was issued in relation to those offences. Here the appellant appealed against a decision of the sheriff at Edinburgh who ordered the appellant’s extradition to Romania in terms of the E.A.W. The appellant appealed on two grounds:- (1) in relation to the rule of double criminality; and (2) in relation to establishing whether a person ...
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In this action the pursuer sought damages from the first defender for injuries which he sustained as a result of a road accident on 30 May 2004. In addition the pursuer sought from the second defender declarator that they were liable to satisfy any decree awarded against the first defender if any decree remained unpaid by the first defender after seven days. On 30 May 2004 the pursuer had allowed himself to be driven by the first defender following a party. An accident occurred on the A83 Tarber ...
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Normal 0 The first pursuer is a company which distils whisky. In 1993 three schemes for the employees of the company were amalgamated into the William Grant & Sons Limited Pension Scheme of which the second pursuers are the trustees. The defenders are a consulting actuary company and provided services to the second pursuers under a contract. In this action the pursuers sought declarator that under the Pension Scheme the normal retirement date for all members of the scheme was f ...
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Normal 0 In this action the appellants are citizens of Pakistan, Sikhs, and members of the same family. The first, second and third appellants arrived in the United Kingdom on 4 December 2006. The fourth appellant arrived three days later. They all claimed asylum in January 2007 and their applications were refused the following month. Under section 82(1) of the Nationality, Immigration and Asylum Act 2002 they appealed to the Asylum and Immigration Tribunal. On 22 May 20 ...
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