Case Summaries Up To January 2009
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By Euan A. Dow on 28/01/2009 12:41
Criminal Note of Appeal Against Conviction:- Following trial at the High Court of Justiciary the appellant and his co-accused were convicted of the following charge of murder:- "On 28 or 29 August 2003 at the pathway between Bain Street and Claythorn Park, Calton, Glasgow you JOHN JOSEPH HOPKINSON and AMY ANNE STEWART ALSO KNOWN AS AMY LEE STEWART, did assault Allan John Lennox, then residing at Flat 6C, 8 Silverfir Court, Glasgow and hold a knife against his throat, rob him of a quantity of mon ...
By Euan A. Dow on 28/01/2009 12:38
Criminal Note of Appeal Against Sentence:- On 18 January 2007 at a continued preliminary hearing at Edinburgh High Court the appellant pled guilty to a charge of culpable homicide. The appellant was sentenced to eight years imprisonment and an extended period of five years. The appellant appealed against the custodioal element of the sentence. The sentencing judge had stated that had the appellant been convicted after trial the custodial part of the sentence would have been "at least ten years". ...
By Euan A. Dow on 28/01/2009 12:35
Appeal Against Repelling of Preliminary Pleas:- Both appellants raised preliminary pleas to the relevancy of their indictments in so far as they related to charges of culpable homicide by supplying/administering controlled drugs to individuals who died following the ingestion of the supplied/administered drugs. At a preliminary hearing the pleas were repelled and the appellants appealed against those decisions. Here a bench of five judges was constituted to consider whether the approach adopted ...
By Claire Adams on 21/01/2009 16:25
Mr Black is serving concurrent and consecutive sentences totalling 24 years.  The sentences were imposed by independent judges after due consideration. When these sentences were passed, s.2 of the Criminal Justice Act 1991 applied.   The sentences constitute prima facie lawful authority for Mr Black’s detention for a total period of 24 years. Providing there is nothing under the domestic law to make his continued detention in terms of the sentences unlawful, his detention is ...
By Law Brief Publishing on 16/01/2009 00:00
H's defence at trial constituted a plain attack on G's character. It would have distorted the trial if the jury had been prevented from knowing that the source of the attack was someone who had, in the past, committed burglaries. The judge's direction made it clear that the prior convictions were admitted in order that the jury would be aware of the background to the attack on the truthfulness of G's denial of illegality. It merely reflected the correct form that such directions should take.
By Euan A. Dow on 14/01/2009 19:58
Criminal Note of Appeal Against Conviction:- On 4 April 2006 the appellant was convicted following trial at the High Court in Paisley of a charge of being concerned in the supply of cocaine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971and a charge of murder. On the murder charge the appellant was sentenced to life imprisonment with a punishment part aof eighteen years. On the drugs charge the appellant was sentenced to three years imprisonment to run concurrently with the sentence ...
By Euan A. Dow on 14/01/2009 19:56
Criminal Appeal by Stated Case:- On 19 June 2008 the appellant was convicted after trial at Glasgow District Court of the following charge:- "On 09 May 2008 at Craigburn Gardens, Glasgow you .... did conduct yourself in a disorderly manner shout, swear, struggle with police officers and commit a breach of the peace". The Justice imposed a fine of £100 and the appellant appealed by stated case. It was submitted on behalf of the appellant that the conduct of the appellant did not satisfy the ...
By Euan A. Dow on 14/01/2009 19:55
Criminal Note of Appeal Against Conviction:- On 1 November 2006, at Edinburgh Sheriff Court, the appellant was found guilty by a jury of 5 charges of indecency and a charge of attempting to pervert the course of justice.On 14 December 2006 the sheriff sentenced the appellant to 4 years imprisonment in cumulo on the indecency charges ( 1-5) and 12 months imprisonment consecutively on the attempting to pervert the course of justice charge (6). A number of grounds of appeal were lodged. The appella ...
By Euan A. Dow on 08/01/2009 17:38
Criminal Note of Appeal Against Conviction:- The respondent was indicted on inter alia an alternative charge of:- "on various occasions between 2 February 1976 and 1 February 1982 both dates inclusive, at ... you did have incestuous sexual intercourse with CR, your step-daughter, born 2 February 1964 ... Contrary to the Incest Act 1567." An objection to the relevancy of that alternative charge was taken. It was agreed between the parties that the complainer CR was the legitimate step-daughter of ...
By Euan A. Dow on 08/01/2009 17:27
Criminal Note of Appeal Against Conviction:- On 16 August 2007, the appellant was convicted by majority verdict at Glasgow High Court of a charge of rape. On 19 September 2007, the appellant was sentenced to five years imprisonment. On 10 December 2007, the appellant lodged a Note of Appeal against conviction including inter alia the grounds of appeal:- "The trial judge misdirected [the] jury on a material issue in regard to the use to which it could put the statement by the complainer, AB...the ...
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