In deciding whether to quash an acquittal, the CA had to form its own view as to whether the acquitted person’s subsequent guilty plea to perjury at his trial constituted compelling evidence that he had committed the offence charged.
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CA laid down sentencing principles for those involved in the production of cannabis: 1. Those at the lowest level tending plants ("gardeners") - 3 years. 2. "Managers" taking a greater role, including sale - 3 to 7 years 3. "Organisers" - 6 to 7 years rising according to criminality.
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Provisions preventing the release of restrained assets to pay for legal expenses (s.41(4) POCA 2002) did not infringe the ECHR.
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Criminal Note of Appeal - Crown Appeal Against Sentence - Culpable Homicide:- On 19 October 2005 the respondent pled guilty to a charge of culpable homicide:- "On 22 February 2005 at Castle Terrace, Aberdeen, Denside of Catterline or elsewhere, whilst within motor car registered number P595 FSR, you did assault Susan Mary Third ... and did seize her by the neck, place your hands around her neck and compress same, place a ligature and compact disc carrier case or similar item against her neck and ...
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Evidence: In relation to s.41(5) YJCEA 1999, it was accepted that the complainant's evidence that at the time in question she was faithful to her boyfriend and would not have sexual intercourse with anyone else amounted to evidence about her sexual behaviour, but it was not evidence adduced by the prosecution within the meaning of subsection (5), which refers to evidence placed before the jury by prosecution witnesses in the course of their evidence in chief and by other witnesses in the course ...
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Conviction quashed due to inadequate direction to jury in relation to bad character evidence.
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Application for Leave to Appeal to the Privy Council Under Paragraph 13 of Schedule 6 to the Scotland Act 1998:- On 20 June 2003 the appellant was convicted after trial at of a number of offences against children. The appellant appealed against the conviction and the appellant's appeal was refused by a majority of the Criminal Appeal Court. Thereafter an application was made on behalf of the appellant for leave to appeal to the Privy Council under paragraph 13 of Schedule 6 to the Scotland Act 1 ...
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Criminal Note of Appeal Against Conviction:- The appellants were convicted of the murder of James Connelly and a charge of attempting to defeat the ends of justice by concealing weapons and clothing used and worn at the time of the commission of the murder. Three grounds of appeal were insisted upon by the first appellant. Criticisms of the judge's charge were made in particular the trial judge's treatment of self-defence and provocation and of the basis upon which the jury might find that the f ...
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Criminal Note of Appeal Against Conviction and Sentence:-On 16 March 2004 at the High Court in Glasgow the appellant was found guilty by majority of murder. A number of grounds of appeal were lodged and argued here:- (1) that there was insufficient corroborative evidence to justify the case going to the jury there being only one eye witness to the attack, namely the deceased's father; (2) that the introduction of the identification evidence, namely that the principal eye-witness had seen the app ...
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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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