Case Summaries Up To April 2005
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By Euan A. Dow on 26/04/2005 23:00
Speeding Cameras:
Appellant who was the named driver of the vehicle in questioin had been required in terms of section 172 of the Road Traffic Act 1988 to name the driver of the vehicle at the time of the offence. The appellant replied but only to the effect that the police were wasting his time. This appeal concerns whether where a police officer has required someone to identify the driver of a vehicle and has had a refusal the correct procedure is to explain to that person that a failure to answer is an offence ...
By Law Brief Publishing on 22/04/2005 00:00
Ds were jointly charged on 3 counts with 1) conspiracy to manufacture prohibited weapons; 2) conspiracy to sell or transfer prohibited weapons; and 3) conspiracy to possess firearms with intent to enable others to cause fear or violence. Having expressly taken nine years as a starting point and having given them "full credit" for their pleas of guilty, their sentence was for concurrent terms of six years’ imprisonment on each count. This was held to be unduly lenient.
By Law Brief Publishing on 22/04/2005 00:00
Ds were jointly charged on 3 counts with 1) conspiracy to manufacture prohibited weapons; 2) conspiracy to sell or transfer prohibited weapons; and 3) conspiracy to possess firearms with intent to enable others to cause fear or violence. Having expressly taken nine years as a starting point and having given them "full credit" for their pleas of guilty, their sentence was for concurrent terms of six years’ imprisonment on each count. This was held to be unduly lenient.
By Law Brief Publishing on 21/04/2005 00:00
There was no duty of care to be owed by the police to a victim or witness in relation to their activities in the investigation of a suspected crime.
By Law Brief Publishing on 21/04/2005 00:00
When D’s confession was admitted under s.76(2) PACE 1984, the judge had to direct the jury that if they concluded that the confession was obtained by oppression or other improper methods they must ignore it.
By Law Brief Publishing on 21/04/2005 00:00
There was no duty of care to be owed by the police to a victim or witness in relation to their activities in the investigation of a suspected crime.
By Law Brief Publishing on 21/04/2005 00:00
When D’s confession was admitted under s.76(2) PACE 1984, the judge had to direct the jury that if they concluded that the confession was obtained by oppression or other improper methods they must ignore it.
By Euan A. Dow on 20/04/2005 23:00
Following trial the Sheriff upheld the a submission of no case to answer made on behalf of the respondent in relation to a charge under section 52A(1) of the Civic Government (Scotland) Act 1982 .. The reason for this is that the crown had not established that indecent photographs found on the respondents computer were of children.The appellant sought the present case to be stated to bring this matter udner review.
By Law Brief Publishing on 20/04/2005 00:00
A judge, upon being asked by D, could indicate his current view of the maximum sentence which would be imposed were he to plead guilty. It was also open to the judge to remind defence counsel in open court of the defendant's right to seek such a view.
By Law Brief Publishing on 20/04/2005 00:00
A judge, upon being asked by D, could indicate his current view of the maximum sentence which would be imposed were he to plead guilty. It was also open to the judge to remind defence counsel in open court of the defendant's right to seek such a view.
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