Criminal Appeal by Stated Case Possession of "offe
The Appellant was found guilty at Glasgow Sheriff Court in relation to a charge:- "On 4 March 2004 at 600 Aikenhead Road, Glasgow he did without lawful authority or reasonable excuse have with him in a public place an offensive weapon, namely a wooden truncheon Contrary to the Criminal Law (Consolidation)(Scotland) Act 1995 section 47(1)" (the Act). The questions posed for the court here were:-"1. Did the Sheriff err in finding that the respondent had disproved that the appellant had a reasonabl ...
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In order to prove previous convictions the prosecution relied upon memoranda of conviction. The court held that proof was not a matter of law, but of fact. The circumstances that would establish a prima facie case of identity depended on the unique facts of each case.
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D ran a defence that involved his wife. His wife was not called to give evidence in support, and the prosecution relied upon that fact when making a closing speech to the jury. Held: Such comment was wrong and should not have been made. It infringed s.80A PACE 1984. However, in the instant case the conviction was safe as the judge had given a strong direction to the jury not to speculate as to why the wife was not called. Had that warning not been given, the conviction might have been unsafe.
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If, on an application to quash an acquittal, a new trial were ordered, publicity of the very fact that the CA concluded that there was “compelling” evidence for making such an order might of itself realistically be regarded as prejudicial to the subsequent trial so that, although a press release by the Director of Public Prosecutions in advance of the first such application might have been appropriate, it was doubtful whether any form of press release would be appropriate in future.
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Criminal Appeal Against Sentence
- On 19 July 2005 at a preliminary hearing in the High Court at Glasgow the appellant tendered a plea of guilty to a charge of contravening Section 2 of the Road Traffic Act 1988. Some of the driving concerned involved driving at speeds of 140mph. The Judge at first instance remarked "To drive at speeds in excess of 140 mph, to overtake (and collide with) a car while partially on the central reservation, to drive through a red light and overtake stationary traffic again while on a central reserv ...
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Where there was a breach of an ASBO and the underlying criminal conduct was an offence for which the maximum prison sentence was 6 months it was not wrong in principle for a court to pass a sentence longer that 6 months for the breach.
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Criminal Appeal by Stated Case by Crown re Non-Dis
-The Accused pled guilty to a contravention of Section 3 of Road Traffic Act 1988 after having originally appeared on complaint in relation to a Section 2. The accused received 4 penalty points which added to the 9 on his licence would have, ordinarily, resulted in his disqualification for a period of 6 months under the "totting up" procedure . However, in the plea in mitigation it was submitted on behalf of the accused that if he were disqualified his rehabilitation would be advserely affected ...
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Sadistic conduct for the purposes of sentencing for murder under paragraph 5 of schedule 21 of the Criminal Justice Act 2003 did not require a sexual element.
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The CA preferred the decision of Privy Council in R v Holley [2005] 2 AC 580 over the decision of the House of Lords in R v Smith [2001] 1 AC 146. The Privy Council was nine-strong, had all agreed that their judgment clarified English law on the issue of provocation as a partial defence to murder and the majority of the judges in Holley were appellate judges of the HL.
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The statutory defence to the charge of unlawfully intercepting a communication in the course of its transmission by means of a private telecommunications system, which was available to a person with the right to control the operation or use of the system, did not extend to somebody who merely had the right to access or operate the system.
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