Expert evidence about childhood amnesia is admissible as likely to be outside the knowledge and experience of a judge or jury.
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When considering a life sentence under s.109 PCC(S)A 2000, a judge was right not only to consider the facts of the present and past like offences, but also D’s criminal record generally.
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Please see in full – held, rejecting conjoined appeals relating to the admission of "bad character" evidence, the judge’s direction in one of the cases was well suited to being a model direction.
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When sentencing offenders for the importation of illegal (offensive) weapons, it is necessary to take note of: (i) the nature of the weapon imported and its potential risk to the public; (ii) the number of weapons imported; (iii) D’s intention when importing those weapons; and (iv) the likely eventual use of the weapons when imported. The need to deter the importation of offensive weapons is also to be considered.
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If the property was not criminal when it was concealed, disguised, converted or transferred then the offence of concealing, disguising, converting or transferring criminal property was not made out.
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A D charged with the offence of possession of cannabis/cannabis resin with intent to supply could not invoke the defence of necessity if his case was that he was intending to supply it for the purpose of alleviating pain arising from a pre-existing disease e.g. MS.
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Given that D’s condition could not be categorised as a mental illness, and that his IQ was not below the general IQ threshold, a judge was correct to refuse to admit expert evidence of D’s mental impairment.
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Racial Assault:
The Solicitor Advocate for the appellant suggests that an amendment made by the crown which involved the deletion of the name of a particular footballer from the charge affected the issue as to the correct construction of section 50A(1)(b) of the Criminal Law (Consolidation)(Scotland) Act 1995. In this case a spectator in the crowd of a football match heard another supported shouting racial abuse at two players and being upset by this he reported it to the police. The appellant submits that the ...
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There was no basis to stay the proceedings as, although the soliciting of funds by the investigating officers from the potential victims of fraud amounted to loss of confidence in the police force's ability to investigate crime objectively and impartially, and in seeking and accepting payments from the insurance companies, the police had acted ultra vires their statutory powers, it could be inferred that the police had conducted a thorough and proper investigation and had not misled the insuranc ...
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A reference from the CCRC should be placed before the CA within six months of the date of its referral, unless there was good reason sanctioned by the court.
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