Appeal Against Conviction:
Following trial the appellant was convicted of assault and robbery by a jury. At the trial there was no dispute that the offence libelled had been committed. The only live issue was whether the appellant was the perpetrator. The basis of the appeal is that the appellant had been denied a fair trial as a consequence of counsel failing to present his defence properly. The appellants position was that he was offered an inducement to admit his involvement and as such a motion for a trial within a tr ...
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Bill of Advocation :
The respondent was charged on summary complaint at the instance of the complainer with a contravention of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 4) (Scotland) Order 2003 Article 4 ("the Order") and the Food and Environment Protection Act 1985 (as amended) sections 1(1) (2) and (6) ("the Act"). He tendered a plea to the competency of the complaint. The respondents contention was that the Orderin particular article 4 was beyond the powers confe ...
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Time to pay a confiscation order ran from the date the order was made, not from the determination of any appeal against the order.
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After the jury had delivered their verdict the jury bailiff discovered downloaded information from the internet in the retiring room. The appellant appealed against his conviction. The CA held that downloading the internet material breached the fundamental rule that no evidence was to be introduced after the jury had retired. Therefore the convictions were not safe.
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