Criminal Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- In this case the appellant has been indicted in relation to various statutory offences related to indecent photographs or pseudo-photographs of children under the Civic Government (Scotland) Act 1982 and a single charge of breach of the peace. Two of the offences are alleged to have occurred on 18 February 2003 and the alleged in the remaining charges between 1 January 2000 and 18 February 2003. On 18 February 2003 ...
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S.114(1)(a) CJA 2003 does not allow comments made by a witness at an ID parade to be admitted as hearsay (distinguishing R v McCay). It may however have been admissible under s.114(1)(d), in the interests of justice.
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Criminal - Petition and Bill of Suspension:- On 10 April 2001 the petitioner was called as a Crown witness at Paisley sheriff court in a trial on indictment. During the course of his evidence he was repeatedly warned regarding his failure to answer the questions put to him by the procurator fiscal depute and the procurator fiscal depute and the sheriff warned him several times about prevarication. The sheriff told him that he was considering making a finding of contempt. Thereafter a solicitor a ...
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Criminal Note of Appeal Against Sentence:- The appellant was convicted of culpable homicide and was sentenced to 8 years detention in a Young Offenders Institution. He appealed against that sentence. The appellant was indicted for murder and had offered in general terms a plea to culpable homicide, the charge that he was eventually convicted of. It was decided that this may be a case where guidance could be provided by the court under section 118(7) of the Criminal Procedure (Scotland) Act 1995) ...
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D is a 17 ½ year old sentenced to 5 years extended sentence (s.3 sexual assault) which was made up of a custodial term of 30 months and extended licence period of 30 months. Because he was sentenced to a term of 30 months or more the 2003 Act stipulates that he remain on the sex offenders' register indefinitely. D appealed for a reduction from 30 months so that the indefinite reporting obligation is reduced to one of five years. Appeal refused.
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S.41 YJCEA 1999 applies to trials conducted after the coming in to force of the Sexual Offences Act 2003, in respect of allegations preceding that Act, even though there are no transitional provisions provided for.
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Criminal Note of Appeal Against Sentence:- At Forfar Sheriff Court the appellant pled guilty to a contravention of section 4(2)(a) of the Misuse of Drugs Act 1971, namely the production of cannabis between 10 February and 5 March 2007. Due to the plea being tendered at the first diet the appellant's sentence was discounted from 5 years' imprisonment to 3 years and 9 months. On leave to appeal being granted, this appeal was identified as a case in which it might be appropriate for the court to ex ...
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Criminal Note of Appeal Against Conviction and Sentence - Concert:- On 9 February 2004, after trial, the appellants were found guilty of inter alia a charge of attempted murder and each appellant was sentenced to 8 years imprisonment. The appellants appealed against their convictions on the basis that:- (1) the trial judge had erred in directing the jury on concert in that there was no evidence that the appellants either had a knife or had knowledge or grounds to suspect that a knife would ...
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The refusal of a prosecution adjournment was a ruling to which s.58 CJA 2003 applied.
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There were issues which the jury had to determine and they were deprived of the fair opportunity to reach rational conclusions; the aim of an expeditious and focused trial. In those circumstances, the trial process was so defective, and the failure of the summing-up to cure those defects so great, that the verdicts were unsafe.
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