For the purposes of s10 Criminal Damage Act 1971, badgers did not constitute property. Nor were badgers property at common law. Therefore a person who destroyed badger traps could not rely upon s.5 of the Act, or the common law defence of protection of property.
|
Petition for an Order under section 1 of the Vexat
Here the petitioner sought an order under section 1 on the basis that:- " ... no legal proceedings shall be instituted by the respondent in the Court of Session, Sheriff Court or any other inferior court unless the respondent first obtains leave of a judge sitting in the Outer House of the Court of Session, having satisfied such a judge that such legal proceedings are not vexatious and that there is a prima facie ground for such proceedings in terms of section 1 of the Vexatious Actions (Scotlan ...
|
S.4 OAPA 1861 applies to the situation where a person incites a foreign national in England or Wales to commit murder outside the jurisdiction.
|
Appeal to Sheriff Principal - condictio causa data
The Sheriff found in fact and law that the appellant had been unjustly enriched by the taking of a pro indiviso share in the property known as Eldamar in contemplation of her contributing financially by applying the free proceeds of the sale of her house, when sold, to paying off the outstanding mortgage on the property and, that basis having failed to materialise, the appellant having obtained decree for division and sale in respect of Eldamar and having exposed for sale, the respondent was ent ...
|
Criminal Appeal Against Sentence
On 5 June 2006 at Perth Sheriff Court the appellant pled guilty to a charge of assault with intent to rob, committed while he was a prisoner in Perth Prison. He was sentenced to 5 years imprisonment to run consecutively to a sentence imposed on 21 October 2005. That sentence was an extended sentence of 12 years, of which the custodial term was 9 years and and (c) append to the interlocutor a note of his reasons for the remit,... ". It was submitted for the appellant that (1) the sentence was inc ...
|
Note of Appeal under section 74(1) of the Criminal
This was an appeal against a ruling by the trial judge on a preliminary issue raised by the appellant before him by way of minute relating to to the legality, or otherwise, of the second of two periods of detention by the police undergone by the appellant under section 14 of the 1995 Act on 8 July 2005 and the consequent admissibility or otherwise of the evidence obtained at that interview. It was submitted that the second period of detention was unlawful and the evidence arising therefrom shoul ...
|
Proceeds of Crime Act 2002 - Reclaiming Motion
Here the petitioners sought an interim administration order in terms of Chapter 2 of Part V of the 2002 Act and warrant for inhibition and arrestment. By an interlocutor dated 28 February 2006, the Lord Ordinary sustained the petitioners' single plea in law and repelled the first named respondent's preliminary plea, appointing the proceedings then to be called in the By Order roll. Against that interlocutor the first named respondent reclaimed. Senior counsel for the first named respondent invit ...
|
Criminal - Application under section 107(8) Crimin
On 21 January 2005 the applicant was convicted after trial in the High Court at Edinburgh of the murder of Jodi Jones. A Note of Appeal containing twelve grounds of appeal against conviction and one against sentence was lodged. A single judge, acting under section 107(1) of the Criminal Procedure (Scotland) Act 1995, granted leave to appeal against conviction and sentence but specified as arguable grounds of appeal against conviction only six of the grounds set forth in the Note, namely, grounds ...
|
Criminal Note of Appeal against Conviction & Sente
The appellant, along with John Thomas McCormack, was indicted on two charges, the first a charge of murder and the second a charge of attempting to pervert the course of justice. On 26 November 2004 at the High Court in Glasgow, he was found guilty by a majority verdict of the jury on both of these charges. There wre 5 grounds of appeal against conviction:- (1) that the trial judge wrongly dismissed an objection to the line of evidence taken by defence counsel and allowed irrelevant and prejudic ...
|
Criminal Note of Appeal against Conviction
On 11 February 2005, at Stirlin Sheriff Court, the appellant was convicted of two charges:- "(001) on 09 April 2003, you did break into the dwellinghouse owned by [the complainers] at Lochend House, Port Of Menteith, Stirling and steal a video camera, a camera, a quantity of jewellery, a jewellery box, a handbag, a cheque book, a spectacles cleaning cloth, a key ring, a driving licence, a watch, a pot, a ring box, cufflinks, a pair of sunglasses and a set of car keys and (002) on 09 April at Loc ...
|
| 1 2 3 4 5 6 7 8 9 10 ... |