Reference from the Scottish Criminal Cases Review Commission:- On 9 June 2005 after a trial at Perth High Court the jury by majority convicted the appellant of a charge of assault and robbery he having previously pled guilty to a separate charge of assault to severe injury and permanent disfigurement. He was sentenced to an extended sentence of 9 years 6 months comprising a custodial term of 4 years on the assault and robbery charge and a custodial term of 4 ...
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Reference from Scottish Criminal Cases Review Commission:- In August 2002 the appellant was convicted at Glasgow High Court after trial of a charge of murder under certain deletions to the charge. The appellant’s co-accused, Stewart Quinn, was convicted under the same deletions and at a subsequent trial Stephen Nisbet was convicted of the same charge. On 16 September 2005 the appeals of all three were refused. The circumstances of the case were that the appellant, Quinn and Nisbet assaulte ...
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Reference from Scottish Criminal Cases Review Commission:- On 13 November 2003 at the High Court at Kilmarnock the appellant was convicted by a majority verdict of murdering three people and attempting to murder three more by wilfully setting fire to a house at 17 Sanderson Avenue, Irvine. On 4 December 2003 the appellant was sentenced to life imprisonment with a punishment part of 27 years imprisonment. The appellant appealed against conviction and sentence and on 19 May 2005 the Cour ...
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Here the petitioners, the Scottish Criminal Cases Review Commission, applied to the court under section 194D(3) of the Criminal Procedure (Scotland) Act 1995 for the opinion of the High Court in relation to their ability to investigate an allegation concerning the conduct of a juror or jurors prior to seclusion. In Clow v H.M.A. (2007 SCCR 201) the court held that the confidentiality of jury deliberations was a well-established principle of Scots law:- “Suffice it to say that we are s ...
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Scottish Criminal Cases Review Commission:- Referral under Section 194B of the Criminal Procedure (Scotland) 1995 Act:- On 4 October 1973 the appellant was convicted of murder at Glasgow High Court following trial and sentenced to life imprisonment. An application for leave to appeal against conviction was subsequently refused. On 2 December 1993 the appellant's case was referred to the appeal court by the Secretary of State in the exercise of his power under section 263(1) of the Criminal Proce ...
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Criminal Appeal - Bail Application:- On 31 January 2001 the applicant was convicted after trial of the murder of 270 persons after a bomb exploded on Pan Am Flight 103 over Lockerbie. The applicant was sentenced to imprisonment for life with a punishment part of twenty seven years. An appeal against conviction was on 14 March 2002 unanimously refused by a court of five judges. On 28 June 2007 the Scottish Criminal Cases Review Commission referred the case to the Court of Appeal following an exam ...
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Criminal Appeal:- On 13 December 2001after trial at the High Court at Glasgow the appellant was convicted of assault to severe injury, permanent impairment and to the danger of life and attempted murder. The appellant was sentenced to eight years imprisonment. Albeit he did not appeal against his conviction and sentence the appellant subsequently made an application to the Scottish Criminal Cases Review Commission which referred his case to the appeal court. The only ground of appeal argued rela ...
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Referral by the Scottish Criminal Case Review Commission:- In 2003 the appellant stood trial and was convicted of a charge of assault, a contravention of the Firearms Act 1968 section 1(1)(a) and a charge of attempting to pervert the course of justice. A cumulo sentence of four years in respect of the common law offences was imposed and a consecutive sentence of two years was imposed in respect of the firearms offence and the six years sentence of imprisonment was back dated to 12 July 2002. The ...
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Reference by the Scottish Criminal Cases Review Commission:- On 8 February 2006 at the High Court in Kilmarnock the appellant pled guilty to a charge on indictment under section 76 of the 1995 Act in the following terms:- "Between 15 February 2004 and 2 June 2004 at 106 Wedderburn Street, Dunfermline, you did make indecent photographs or pseudo-photographs of a child: CONTRARY to the Civic Government (Scotland) Act 1982, Section 52(1)(a) as amended." The maximum period of imprisonment in relatio ...
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Judicial Review of a decision of the Scottish Criminal Cases Review Commission not to make a reference to the High Court of Justiciary in terms of section 194B of the Criminal Procedure (Scotland) Act 1995:- In February 2005 the appellant was convicted on indictment of several charges of indecent assault and was sentenced to three years imprisonment on the most serious charges, which involved very intimate contact with and injury to one complainer, and imprisonment for one year on the remaining ...
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