Appeal against conviction for attempted sodomy. Appeal on the grounds that moorov principle of mutual corroboration should not have been applied. Ground 1 of appeal was that separate acts of a sexual assault including digital penetration did not corroborate the charge of attempted sodomy. Ground 2 of appeal was that the Trial Judge had erred in directing the Jury that alleged attempted sodomy could be regarded as part of the same course of conduct as other charges involved. Appeal refused.
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Criminal appeal of conviction for rape. Appeal on the grounds that there had been a miscarriage of justice due to conduct of trial judge during Trial. Appellant admitted intercourse but denied that he had done so without consent. Averred by appellant that the complainer had claimed to be a virgin and that this may have been the reason for her distress following the incident, rather than rape. Medical evidence was produced by the complainer showing a previous sexual activity, without objection ...
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On New Year’s Day ‘02, a shot was fired which killed two men. The appellant, Iain Davis, was in due course extradited from the US, indicted on two counts of murder, tried at the Central Criminal Court before His Honour Judge Paget QC and a jury and, convicted on both counts. He appealed to the House of Lords against the dismissal of his appeal against conviction by the Court of Appeal Criminal Division. At trial the appellant admitted that he had been at the party but claimed that h ...
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Criminal Note of Appeal Against Conviction:- On 14 October 2005 the appellant was convicted of a charge of rape at Glasgow High Court. The appellant appealed against conviction on the following ground:- "That the learned judge erred in repelling the submission by the defence at the close of the evidence that the leading by the Crown of hearsay evidence in terms of section 259 of the Criminal Procedure (Scotland) Act 1995 relating to a deceased witness Joseph Robertson was unfair and in breach of ...
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Criminal Appeal Against Conviction:- On 30 June 2003 Jodi Jones was murdered in woodland near Dalkeith. Following a trial at the High Court in Edinburgh the appellant was convicted of her murder. The appellant sought leave to appeal and six grounds of appeal were granted and a further ground put forward during the course of the appeal hearing. The grounds of appeal were:- (1) that the trial judge erred in not granting a motion by the defence prior to the trial to move the trial out of Edinburgh ...
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Criminal Appeal Against Conviction:- On 29 January 2003 the appellant was convicted of the murder of his wife, Arlene, who disappeared from her home on 28 April 1998 and was never seen again. He was sentenced to life imprisonment, with a punishment part of twenty five years imposed. Here he appealed against conviction and against the length of the punishment part. The cornerstone of the Crown case at trial was the notion that the appellant had returned to the family home following the murder and ...
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Criminal Note of Appeal Against Conviction:- The appellant was indicted on a charge of assault against AH (charge 1) and on two charges of lewd, indecent and libidinous practices and behaviour against AH (charge 2) and JH (charge 3). The appellant was convicted of all three charges following trial. Evidence was led by the Crown from AH and JH. Following the completion of the Crown's case, a submission of no case to answer was made, but repelled. Thereafter the appellant himself gave evidence, as ...
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Criminal Appeal Against Conviction:- On 23 March 2004 the appellant was found guilty of a charge of murder by a unanimous verdict of the jury at Aberdeen High Court. During the course of the trial the main line of defence was a special defence of incrimination. Shortly after his arrest the appellant made a statement to the police in which he identified the incriminee as having been responsible for the murder. The appellant did not give evidence at trial. The grounds of appeal broadly related to ...
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Criminal Appeal Against Sentence:- On 21 September 2007 at the first calling of the case the appellant pled guilty as libelled to the two charges on the complaint against him, namely, driving whilst disqualified and without insurance, contrary to sections 103(1)(b) and 143(1) and (2) of the Road Traffic Act 1988 (as amended). In relation to the s.103 charge the appellant was sentenced to six months' imprisonment and disqualified from driving for a period of five years; on the second charge the a ...
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Criminal Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellants were indicted to Paisley Sheriff Court on charges of violence allegded to have occured on 26 December 2004. The charges included allegations of the use of a variety of weapons including a brick, a shovel, a brush and a broom. After sundry procedure a trial diet was assigned for 19 September 2006. Prior to the commencement of the trial it was discovered that the various weapons, all of which were on th ...
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