The notification requirements under the sexual offences register were no activated where an offender had been conditionally discharged.
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Criminal Appeal - Bill of Advocation - Sheriff's d
On 5 August 2005 the respondent in this Bill of Advocation appeared at Paisley Sheriff Court for trial on a charge of having contravened section 7 of the Road Traffic Act 1988 on 19 March 2005. Albeit there had been an intermediate diet on the 21 July 2005 (at which there was no indication of Crown witness difficulties) the 5 August 2005 was the first time the case had called for trial. The Crown required two police witnesses, one of whom was present, one of whom was at a course but was on "Stan ...
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Criminal Appeal - Evidence- Moorov Doctrine:
On 31 March 2004 the appellant was convicted on indictment at Glasgow Sheriff Court of four statutory charges of lewd, indecent and libidinous practices and one charge of indecent assault. The complainers were four girls each of whom was a pupil at a secondary school where the appellant was a teacher. The charges of which he was convicted were (1) a charge of lewd, indecent and libidinous practices against LM, committed at the school and at an address in the same town on various occasions betwee ...
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The defence of necessity was not available to someone charged with possession of cannabis where he argued that the purpose of possessing the drug was to relieve pain.
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The proper course for a judge to take in passing a sentence which involved a period of recall to custody under s.116 PCC(S)A 2000 was first to determine the proper sentence for the new offence, disregarding the possibility of a recall to custody under s.116, and then, secondly to decide whether D should be ordered to return to prison, whether all or only part of the period for which he was eligible to be returned should be served and whether the period of return should be ordered to be served be ...
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Criminal Appeal against Conviction
The Appellant was convicted at Glasgow High Court following trial on 19 November 2002 of a contravention of S. 4(3)(b) Misuse of Drugs Act 1971 and was sentenced to 8 years imprisonment, The conviction alone was appealed. Leave to appeal was granted by 3 sift judges on 27 November 2003. The grounds of appeal related to defective representation due to a failure by the defence prior to the trial to take adequate steps to ascertain the identity of a possible incriminee who was subject to police sur ...
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Evidence - Sufficiency - Moorov doctrine:
The Appellant appeared on indictment at the High Court in Glasgow on 25th May 2004 on 4 charges of lewd, indecent and libidinous practices against his two daughters J and B (charges 1-4) and a charge of attempted rape on various occasions of B when she was aged 16-23 (charge 5). A No Case to Answer submission was made on behalf of the Appellant at the end of the Crown case on the basis that there was insufficient interconnection between the charges to allow the application of the Moorov doctrine ...
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The authorities demonstrated that the fact that D was a prison officer was a matter which increased the seriousness of the offence, particularly given that they would know very well the problem of drugs in prisons.
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Evidence, of a suspect or witness, obtained by torture is not admissible against a party in a British court, irrespective of where, by whom or on whose authority the torture had been inflicted. The fact that evidence had or might have been procured by torture by foreign officials without the complicity of British authorities was relevant as to its weight but did not render it inadmissible.
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In deciding whether a crime is grave, or that the dangerous offender provisions require D to be sent to the Crown Court forthwith, the court must consider: 1. that the policy of the legislature is that those under 18 should, wherever possible, be tried in a youth court, which is best designed for their specific needs; 2. the guidance given by the CA, particularly in relation to non-serious specified offences; 3. the need, in relation to under 18s, to be p ...
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