It was good practice for the prosecution when seeking to introduce evidence under s.101(1)(d) CJA 2003 to provide full particulars of the convictions relied upon. However, this was not mandatory and a list of convictions may suffice as definition of ‘character’ was wide.
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Under s.31 OAPA 1961, the words “spring-gun, man-trap, or other engine calculated to destroy human life or inflict grievous bodily harm” should not be given an unduly narrow meaning.
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Criminal Appeal Against Conviction:- In 2002 the appellant, a man in his fifties with no previous convictions, was convicted after trial at the High Court, of being concerned in the supplying of heroin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. At the close of the Crown case, defence counsel submitted that there was no case to answer in terms of section 97 of the Criminal Procedure (Scotland) Act 1995. That submission was rejected. The appellant was ultimately convicted by majo ...
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Crown Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The respondents appeared on complaint in relation to charges of breach of the peace aggravated by relgious prejudice. On 31 October 2006 at an intermediate diet the respondents lodged Devolution Minutes for which they requested a diet of debate which duly occurred on 15 November 2006. Those acting on behalf of the respondents made an application to the Procurator Fiscal for the names of various police officers involve ...
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Crown Appeal in Stated Case:- On 25 September 2006 the respondent was recorded driving his motor vehicle at a speed of 87mph on a stretch of road where the maximum permitted speed was 70mph. On 28 September 2006 the police sent out a notice of intended prosecution by recorded delivery to the respondent's registered address but it not received by the respondent (it appeared that the recorded delivery message had been lost by the Royal Mail before delivery). A complaint containing a charge of spee ...
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A ‘Mantis City Electric Scooter’ was a motor vehicle and D should not have been acquitted of driving a motor vehicle whilst disqualified.
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S.58 Terrorism Act 2000 was not insufficiently certain such that a prosecution under that section would amount to an abuse of process.
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‘Texas Hold ‘Em Poker’ was a game of chance (Gaming Act 1968).
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Criminal Appeal:- On 14 November 1983 the appellant was sentenced to three years' imprisonment for rape and on 25 March 1988 was sentenced to fifteen years' imprisonment for the rape of a sixteen year old girl. On 4 August 1998 the appellant was convicted after trial in the High Court at Inverness of the rape of a fifteen year old girl on 2 April 1998, within three months of the appellant having been released after serving ten years of his previous term of imprisonment. The appellant had also be ...
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A jury returned to court and stated that they could only reach a majority verdict. The usual direction was given and a majority verdict returned, resulting in D’s conviction. It was only later discovered that only 1h 40m had elapsed, a fact not noticed by the Judge or counsel. Held: Conviction quashed (s.17 Juries Act 1974).
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