Criminal Appeal Against Conviction:- The appellant was found guilty of a charge of attempted murder that included an averment that the appellant did "seize her by the head, struggle with her, push her head towards an open fire, ignite a quantity of fireworks causing them to explode and detain her in said cottage against her will all to her severe injury and you did attempt to murder her." There were two grounds of appeal argued both of which arose from parts of the judge's charge. The first rela ...
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It is undesirable that the apprehension of jury bias should lead to appeals and quashing of convictions so that re-trials have to take place. Any risk of jury bias, or of unfairness as a result of partiality to witnesses, should be identified before the trial begins. If such a risk may arise, the juror should be stood down. It is essential that the trial judge should be aware at the stage of jury selection if any juror in waiting is or has been, a police officer or a member of the prosecuting au ...
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Criminal Note of Appeal Against Conviction:- On 15 June 2006 the appellant was convicted of:- "On 17 or 18 January 2006 at 88 Creag Dhubh Terrace, Inverness you ... and Thomas James Allan did assault Brian Cooper residing there and did repeatedly punch and kick him on the head and body, repeatedly stamp on his head and body, stand on his head, repeatedly strike him on the body with a metal instrument, place a pillow over his head and compress same restrict his breathing, struggle with him and di ...
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Petition for Recovery of Documents:- Under section 194B of the Criminal Procedure (Scotland) Act 1995 the Scottish Criminal Cases Review Commission referred the case to the High Court. In its Statement of Reasons the Commission explains that in 2006 the Crown Office informed it of the existence of two protectively marked documents in its possession. The documents had never been made available to the defence. A representative of the Commission was given conditional access to these documents. ...
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The US sought extradition in relation to price fixing charges (cartel offences) alleged between 1999 and 2000. At the time those activities were not offences in the UK, accordingly the offence was not an extradition offence. Further, the HL was satisfied that it had an inherent power to remit the case back for consideration by the magistrates' court of issues surrounding the 3 remaining extradition charges.
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The maximum prison sentence available following a conviction for conspiracy to defraud was 10 years, not 7.
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A custodial sentence, imposed to run consecutively to an existing sentence of imprisonment was unlawful (s.265 CJA 2003).
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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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