A sentence of 15 months' imprisonment for possession of a false identity document contrary to the Identity Cards Act 2006 s.25(1) was inappropriate and would be replaced by a sentence of 10 months' imprisonment where D had used a false passport as a means of identification to obtain something to which she was entitled, namely to cash a cheque.
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Criminal Note of Appeal Against Conviction & Sentence:- On 13 July 2004 at the High Court in Glasgow the appellant was convicted of a charge of murder and was sentenced to life imprisonment, with the punishment part being fixed at twelve years. There were two grounds of appeal:- (1) "In particular it was an error to direct them that the belief entertained by the accused had to be based on reasonable grounds. It is submitted that, since the crime or murder is one of intention, there is no rea ...
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Criminal Note of Appeal in terms of section 65(8) of the Criminal Procedure (Scotland) Act 1995:- In this appeal from the sheriff court it was agreen between parties that the 12 month period provided for in section 65(1)(b) of the Criminal Procedure (Scotland) Act 1995 expired on 21 February 2008. At a trial diet on 21 January 2008, the procurator fiscal depute said that he wished to desert the second indictment pro loco et tempore and sought an extension of the 12 month time limit in terms of s ...
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Petition to the nobile officium of the High Court of Justiciary:- The petition raised by the three petitioners related to the competency of an indictment brought by the respondent against "Rosepark Care Home also known as Rosepark Nursing Home, a now dissolved firm". It is alleged by the respondent that on 31 January 2004 a fire occurred at the home, and that as a result fourteen residents in the home died, four others were injured and the remaining twenty two were evacuated. The indictment cont ...
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In these two appeals there is a common underlying problem: if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances? In the Van Colle case, the threat was made by Mr Brougham against Mr Van Colle (“Giles”) and culminated in the murder of Giles by Brougham. In ...
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D made false representations to claim benefits and was prosecuted under section 111A and 111A(1A) Social Security Administration Act 1992. Held: Convictions under s 111A(1A) quashed, he had not failed to notify a change in circumstances as the same false circumstances that founded the convictions under s 111A continued.
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Criminal Note of Appeal Against Sentence:- On 9 October 2007 the appellant pled guilty under section 76 of the Criminal Procedure (Scotland) Act 1995 to a contravention of section 5(1)(aba) of the Firearms Act 1968 in respect of a pistol found by the police locked in a safe in his house on 30 November 2006. Section 51A of the Firearms Act 1968 provides that, where a person over the age of 21 is convicted of an offence under section 5(1)(aba), the court shall impose a sentence of at least five ye ...
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Criminal Note of Appeal Against Conviction:- On 5 October 2005 the appellant was convicted on indictment of two charges of sexual abuse of children. The Crown relied upon mutual corroboration of the two complainers who were aged 6-8 and 5-7 in respect of charges one and two respectively. At the trial, the defence was based on an attack on the credibility and reliability of the complainers' evidence and, as such, each complainer had to be accepted as credible and reliable as to the essentials of ...
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Criminal Note of Appeal Against Conviction:- The court issued an opinion on 20 February 2008 on the appellant's original ground of appeal which related to sufficiency of evidence. In the course of those proceedings the court allowed the appellant to lodge an additional ground of appeal under section 106(3)(a) of the Criminal Procedure (Scotland) Act 1995. The additional ground related to the existence and significance of evidence which was not heard at the original proceedings. Fresh evidence wa ...
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Part of the evidence against D was from a criminal intelligence analyst who showed that following D’s arrest and detention crimes bearing the same descriptors as that allegedly carried out by D ceased. Held: The evidence was properly admissible.
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