Where a count under section 5 Firearms Act 1968 attracting sentence has been properly included on an indictment and there is no defence to it, a plea should be taken. That is because Parliament has identified s.5 for a minimum sentence under s.51A. It was not appropriate for counsel to invite the court to order that the count lie on the file and at the same time invite the court in some way to adopt the minimum sentence nonetheless.
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Criminal Appeal against Extension of 12 month Time
The appellant appealed against a decision of a sheriff to grant the Crown an extension under section 65(3) of the Criminal Procedure (Scotland) Act 1995 of the period of twelve months within which to prosecute him on three charges of lewd, indecent and libidinous practices. The 5 bench court here considered whether the 2 stage test outlined in HM Adv v Swift, 1984 JC 83, should continue to apply. The test was:- (1) the court had to consider whether the Crown had shown a reason that might be suff ...
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An appeal against a sentence of 8 weeks imprisonment for contempt of court. As the verdict against her son was read out, the Defendant swore and shouted “I’ll get you back”, which the judge took to be directed to the jury. She later apologised to the court. In varying the sentence to 20 days the CA said it was a serious contempt but considering the facts and her good character 8 weeks was manifestly excessive.
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Criminal Note of Appeal Against Conviction - Provo
On 15 May 1998 the appellant was found guilty by a majority verdict on the following charge:- "(5) on 13 January 1998, in a lane between 36 and 38 Balbardie Crescent, Bathgate, you did assault Gary George Allan Johnstone, aged 25 years, 77 Balbardie Avenue, Bathgate and strike him repeatedly on the head, face and body with a spade and you did murder him and you did previously evince malice and ill-will towards him." The appellant was sentenced to life imprisonment, to run from 13 January 1998. O ...
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A conviction for indecent assault was unsafe where the judge had permitted the prosecution to rely on the complainant’s prior truthful complaints of indecent assault against other members of the defendant’s family. The Court reiterated that for evidence to be admissible it had to relate to an issue in the case. The prior complaints, although truthful did not go to the issue of whether the defendant had assaulted the complainant in this case.
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On 26 July 2004 in the High Court at Glasgow the appellants, together with two co-accused, went to trial on an indictment containing a section 4(3)(b) Misuse of Drugs Act 1971 charge. On 29 July, after there had been a trial within a trial on the first and second day and after the evidence of a number of witnesses had been heard in the trial itself, each of the appellants tendered pleas of guilty to an amended charge. On 18 August 2004 the judge passed the following sentences:-Joseph Wright: 21 ...
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Petition - Recovery Order in terms of Section 266
(2) the inference can be rebutted by the respondents (3) that the respondents should be in possession of information and material from which they can show, in detail, where their income and property came from. and specific pleadings should be expected from the respondents. The respondents contended that (1) It was necessary to consider what the petitioners must prove in order to link unlawful conduct with property derived therefrom (2) The respondents contended that where legitimate sources of i ...
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Reviews by the court of the making of non-derogating control orders by the secretary of state, under the Prevention of Terrorism Act 2005 s.3, complied with Art.6(1) of ECHR.
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Control orders that purported to be non-derogating were as a matter of fact derogating control orders. The obligations imposed in those orders amounted a deprivation of liberty contrary to Art.5 of ECHR and the judge had jurisdiction to quash the orders.
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Criminal Note of Appeal
On 6 November 2003 at the High Court in Edinburgh the appellant was convicted of a charge of breach of the peace and a charge of incitement to murder. The charge of breach of the peace involved the uttering of threats against the appellant's son-in-law, Abdullah Yaseen, and members of his family. On 4 December 2003 the appellant was sentenced to seven years imprisonment from 6 November 2003. The appellant appealed against conviction and sentence. On 8 March 2006 the appeal against conviction was ...
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