Criminal:Appeal By Way of Stated Case
Appeal by way of stated case against verdicts of not guilty which were returned by the sheriff at Kirkcaldy in respect of four charges on a complaint against the respondent. Road Traffic Offence. Although the respondents evidence that he had not been the driver of a vehicle travelling at 156 mph in a 70 zone and whilst on his mobile phone was rejected the sheriff did accept his evidence to the effect that he had not received a notice of intended prosecution in respect of certain of the alleged o ...
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S.75(1) Representation of the People Act 1983 is compatible with Art.10 ECHR but there is not an absolute bar in unauthorised third party election expenses in relation to s.75(1)(a) and (b). It follows that the judge misdirected the jury when he told them that D "was not allowed to promote a candidate by incurring any election expenses".
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In cases where an adult D is convicted of murder, and the question is the minimum length of the punitive term of imprisonment to be served, the judge has the discretion to order an oral hearing whenever he believes such a hearing to be required in the interests of fairness.
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Appeals remitted to court of three judges in order that it may consider the implication of the practice of justices using sentencing guidelines which have been devised for that court.
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This appeal is concerned with the fact that when the indictment to which the accused pled partially guilty called before the presiding sheriff she in fact deferred sentence for one day beyond the four weeks that is allowed by section 201 of the Criminal Procedure (Scotland) Act.
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Sift Procedure: Significance of the requirement that the leave of the court is to be on cause shown in terms of Section (8) of section 107 of the Criminal Procedure Scotland Act 1995. "Where the arguable grounds of appeal are specified by virtue of subsection (7) above it shall not except by leave of the High Court on cause shown be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified".
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A conviction for murder was unsafe in the light of fresh expert evidence which indicated that damage to muscles of the victim had not been simultaneous with death and accordingly the evidence of a prosecution expert that the cause of death had been smothering could not be relied upon.
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The period for which a sex offender was required to register following his sentence by way of a DTO, was to be determined by reference to the period of detention served rather than the duration of the whole order.
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Appeal Against Conviction and Sentence:
The appellant was convicted of witnessing and countenancing criminal conduct by her co-accused towards her daughter Carlanicole Bone and willfully failing to protect her. A cumulo sentence of three years detention with a supervised release order of one years duration was imposed on the appellant. The grounds of appeal are that parental responsibility towards the deceased does not involve criminal responsibility for the failure to protect the child or to intervene in the assault perpetrated by th ...
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Punishment Parts affecting mandatory life prisoners. Case relates to the transitional provisions of the Convention Rights (Compliance) (Scotland) Act 2001 (the 2001 Act) (the 2001 Act). The present appeal is one of several transitional cases in which the appellant did not have a PRC date when the punishment part was imposed but where it might have been argued that he had reasonable cause to expect a review date earlier than would now be possible in consequence of the punishment part. The questio ...
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