A conviction for indecent assault was quashed where the judge had not given an adequate good character direction, an adequate direction regarding the long delay between the alleged assaults and the date of complaint to the police, or an adequate Lucas direction and where he had not sufficiently summarised the defence case in his summing up.
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A sentence of imprisonment for public protection with a minimum term of 7½ years imposed for wounding with intent was replaced with a determinate sentence of 15 years' imprisonment, as even though D had refused to see a psychiatrist and had not co-operated in a PSR, there had not been evidence to support a finding of dangerousness.
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A total sentence of 3½ years’ imprisonment for making threats to kill and affray was reduced to 2 years and 9 months' imprisonment due to exceptional circumstances and in the light of exceptional mitigation.
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Sentences of 5 years' imprisonment, imposed on three defendants for possession of firearms, were not manifestly excessive having regard to the need for a deterrent element.
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Where serious offences had been committed both before and after the coming into force of the CJA 2003, the court should apply the provisions of the Act and assess D’s dangerousness for the purposes of imposing a sentence for public protection, even where the pre-Act offences were more serious than the post-Act offences. Any practice to the contrary was unsound.
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Although a judge had failed to give appropriate warnings and directions to a jury where a prosecution witness had given her evidence-in-chief but had not been cross-examined, the issues in question could be tested by means other than cross-examination and did not depend entirely on who was to be believed; in the circumstances, it was clear that D had had proper opportunity to challenge what the witness had said.
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Criminal Appeal Against Conviction and Sentence:- On 24 November 2005, at the High Court in Edinburgh, the appellant was convicted after trial of a charge of murder. On 15 December 2005, the trial judge sentenced the appellant to life imprisonment with a punishment part of 18 years. The note of appeal contained one ground which stated that the trial judge erred in failing to direct the jury that it was open to them to return a verdict of guilty to the lesser charge of culpable homicide. It was s ...
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Criminal Appeal Against Conviction:- The appellant was indicted in the High Court at Edinburgh on a charge assault and robbery while acting with unknown individuals at commercial premises in Glasgow. On 20 June 2003 Lord Carloway refused a minute of postponement, lodged by the appellant following a change of agency on 16 May 2003. The purpose of the postponement was for an expert to examine video footage. On 24 June 2003 the appellant appeared for trial before Lord Hardie and newly appointed cou ...
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Criminal Appeal Against Conviction:- On 11 January 2007 the appellant was convicted on indictment after trial at Peterhead Sheriff Court of a contravention of section 4(3)(b) of the Misuse of Drugs Act 1971 relating to the distribution of diamorphine in the Peterhead area. The apellant was sentenced to two years imprisonment. Three grounds of appeal were argued, albeit interrupted by the appellant withdrawng his instructions from counsel during the course of the appeal hearing. The grounds of ap ...
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Sentences of 2½ years' imprisonment and 8 months' imprisonment imposed respectively for conspiracy to handle stolen goods and handling stolen goods were reduced to 18 months and 6 months' imprisonment as the starting points had been too high.
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