Appeal under Section 65 of the Criminal Procedure (Scotland) Act 1995:- On 21 September 2007, the appellant appeared with five co-accused on petition at Alloa Sheriff Court, on a charge of being concerned in the supplying of cannabis resin. As such the twelve month time bar was 21 September 2008. The appellant was granted bail at that time and was subsequently indicted on the same charge. In advance of the first diet those acting on behalf of the appellant made repeated requests for a copy of a ...
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Criminal Note of Appeal Against Conviction and Sentence:- On 24 February 2006 the appellant was found guilty after trial by a majority verdict at Glasgow Sheriff Court of a contravention of section 5(3) of the Criminal Law (Consolidation) (Scotland) Act 1995. The appellant was sentenced to an extended sentence of 30 months, the duration of the custodial term being 18 months imprisonment, and the extended period being 12 months. The appellant lodged a Note of Appeal against conviction and sentenc ...
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Shaun Riley worked for Chargot Ltd who were involved in the construction of a car park at a farm in Lancashire. The dumper truck which Mr Riley was driving tipped over on its side and he was buried by the load of spoil that he had been transporting. It was some time before he could be pulled out, attempts to revive him were unsuccessful and he died the following day in hospital. Criminal proceedings were brought against the Chargot (first appellant) under s.33(1)(a) of the Health and Sa ...
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Appeal by Bill of Suspnsion:- On 2 May 2008 at Greenock Sheriff Court in a summary trial the Crown led two police officers in evidence and the case was part heard until 20 May 2008 when two defence witnesses were heard. The complainer represented himself at trial and the presiding sheriff found him guilty of the remaining charges on the complaint. In this Bill of Suspension the complainer sought to suspend the conviction which ensued at the conclusion of the summary trial on the ground that it w ...
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A judge was entitled to impose a sentence of 30 months' imprisonment for conspiracy to possess criminal property, and to order it to be served consecutive to sentences imposed for conspiracy to produce and conspiracy to supply cannabis, as the property offence had added to the overall criminality of the case.
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Criminal Appeals Against Sentence:- On 19 February 2008 the appellants pled guilty at the High Court in Glasgow to charges of causing death by dangerous driving in contravention of section 1 of the Road Traffic Act 1988. The appellants were sentenced to custodial sentences of ten years two months and eight years detention respectively. Each period of custody was discounted from 12 years on account of their pleas of guilty. Both appellants appealed solely on the selection of twelve years as an ap ...
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A sentence of 3½ years' imprisonment imposed for robbery was reduced to 2½ years' imprisonment, as insufficient regard had been given to the fact that since the robbery D’s offending had not approached the same gravity, he had confessed to the offence several years after it had happened, and he had a high level of motivation to address his drug addiction, which was the reason for his offending.
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A conviction for three counts of sexual assault on a child under 13 and one count of assault on a child under 13 by penetration was quashed, as the judge's comments in his summing up regarding the fact that the defence had not put it to the victims that they may have been lying, were disproportionate and unfair and undermined D’s case.
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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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