Criminal Appeal:- On 16 April 2004 at the High Court in Edinburgh the appellant was convicted of a charge of murder, a charge of attempting to defeat the ends of justice by disposing of the body and a charge of fraud by claiming the deceased's income support. The appellant was sentenced to life imprisonment, with a punishment part of 15 years in respect of the murder, imprisonment for 5 years in respect of the attempt to defeat the ends of justice and in respect of the fraud to imprisonment for ...
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Criminal Appeal Against Conviction:- On 11 June 2003 at Glasgow High Court the appellant was convicted of one charge of attempted rape and one charge of indecent assault. The complainer on the first charge was a 15 year old girl called MB, the complainer on the second, a 14 year old girl called LT. One ground of appeal was insisted upon:- "It is submitted that there has been a miscarriage of justice in respect that the evidence of LD was not heard at the Trial, and could not reasonably have been ...
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Appeal by Stated Case:- In 2005 the appellants were charged at the instance of the respondent in relation to a contravention of Section 3(1)(b) and (3) of the Prevention of Oil Pollution Act 1971. Following trial the sheriff found the appellants guilty as libelled, and imposed a fine of £25,000. On 9 December 2005 the appellants applied for a Stated Case which was issued on 21 March 2006. Two issues were raised and argued:- (1) whether the discharge of oil could properly be said to have tak ...
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A sentence of 30 months' imprisonment imposed on the manager of a public house for permitting the premises to be used for the smoking of cannabis was not manifestly excessive.
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A sentence of 6 years' imprisonment imposed for attempting to kidnap was not manifestly excessive given the violent nature of the offence.
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A sentence of 2 years' imprisonment imposed for an offence of kidnapping was longer than necessary and manifestly excessive given the unusual circumstances of the case and the offender's emotional vulnerability.
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Criminal Appeal Against Conviction:- Here the appellants appealed against their conviction at the High Court in Edinburgh on 6 July 2005 of a charge of attempted murder. The appeal was heard in two stages. In the first stage of the appeal the court held that the passages of the trial judge's charge subject of that part of the appeal, when read in the context of the trial judge's charge as a whole, did not constitute any misdirection and the appeals were refused. The second stage of the appeal wa ...
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The convictions of D, who was unrepresented, were safe, despite prosecution counsel having made a second speech to the jury after the evidence had been given at trial.
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A recommendation that a deportation order be made in respect of a Zimbabwean national who had been convicted of fraud offences was neither necessary nor appropriate given the United Kingdom's policy towards Zimbabweans.
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An immediate custodial sentence was inevitable for an offence of possession of false identity documents with intent where an asylum seeker had used the documents to obtain work dishonestly and, although entitled to it, had deliberately not claimed asylum support in order to keep out of sight of the authorities.
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