For convictions for Possession Class A and B Drugs, following guilty pleas, the total sentence of 16 weeks' imprisonment suspended for 18 months, together with an order for 150 hours of unpaid work and a six week curfew order, the sentence of imprisonment was set aside. The requirement of unpaid work and the curfew order, would remain.
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Criminal Appeal Against Conviction:- On 28 April 2005 the appellant was convicted of rape after trial. The appellant appealed against his conviction on the basis of section 106(3)(b) of the Criminal Procedure (Scotland) Act 1995 namely that "there has been a miscarriage of justice in respect that the verdict returned by the jury was one which no reasonable jury, properly directed, could have returned..." In particular the appeal related to (1) the incredible and unreliable evidence of the compla ...
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Every defendant is entitled to be tried fairly - courteously and with due regard for the presumption of innocence. D was not tried fairly. There was a failure of due process by reason of the judge's conduct.
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Attempted murder, severely injured victim made full recovery. Starting point on charge of murder determined to be 15 years, reduced to 12 in order to reflect the fact that victim did not die (and further reduced for guilty plea).
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Criminal Note of Appeal Against Conviction and Sentence:- On 12 July 2004 the appellant pled guilty to inter alia "on 16 August 2003 at Kilmorie Drive at its junction with St Blane's Drive, Rutherglen, you did assault Simon George Weir .... and did drive motor vehicle registered number P12 KET at him, cause said motor vehicle to strike him causing him to fall to the ground, and repeatedly drive said motor vehicle over his body all to his severe injury and permanent disfigurement and you did atte ...
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Sentences of imprisonment for public protection have serious consequences for defendants over and above an ordinary custodial sentence. It is both right in the interests of fairness and an important discipline for judges their reasons for imposing such a sentence be set out with some specificity.
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Section 225 CJA 2003 does not require any kind of nexus of the kind suggested between the particular facts of the particular offence and the finding of dangerousness. Once D has been convicted of a serious offence, whatever the facts and nature, it is perfectly possible for a finding of dangerousness to be made on the basis of material which has no close relationship to the actual offence for which sentence is being passed.
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Under section 25(5) Identity Cards Act 2006, even though specific intent is not an ingredient of the offence, the purpose for which D has possession of a false identity document is in principle material for sentencing purposes. A demonstrated innocent purpose would certainly be regarded as material. There was nothing wrong with the judge in the present case pointing out that no such purpose had been alleged and drawing the common sense conclusion that D’s possession was not innocent.
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Criminal Appeal by Stated Case by Procurator Fisca
The appeal here related to three separate complaints in each of which the respondent had been charged with having committed a breach of the peace at a football match, racially aggravated in terms of section 96 of the Crime and Disorder Act 1998. In each case, at the conclusion of the Crown evidence, there had been a submission, in terms of section 160 of the Criminal Procedure (Scotland) Act 1995, that there was no case to answer on the basis that the evidence was insufficient to establish the c ...
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In order to prove an offence of outraging public decency the prosecution had to show that (1) the act was of such a lewd, obscene or disgusting character that it outraged public decency, and (2) the act took place in a public place and that it was capable of being seen by two or more persons present even if they had not actually seen it.
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