Case Summaries Up To February 2009
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By Euan A. Dow on 19/02/2009 11:47
Criminal Note of Appeal Against Conviction:- On 5 August 1998 the appellant and Alan Woodside were convicted after trial at the High Court at Glasgow of the following charge:- "On 17 January 1998 at Croftend Avenue, Croftfoot, Glasgow, near Lugar Place, you ...did assault John Hampson ... and chase him, throw a bottle at him which struck him on the head whereby he was knocked to the ground, strike him repeatedly on the head and body with knives or similar objects and did murder him." The appella ...
By Euan A. Dow on 19/02/2009 11:45
Criminal Note of Appeal Against Conviction:- On 14 January 2005 at the High Court in Edinburgh the appellant was found guilty of a charge of rape following trial. The appellant appealed against that conviction on various grounds:- (1) The trial judge misdirected the jury in his charge to the jury regarding the standard of proof required for conviction in particular in his explanation to the jury of what was meant by reasonable doubt and the adding of the words "and reconsider"; and (2) inadequat ...
By Euan A. Dow on 19/02/2009 11:34
Criminal Note of Appeal Against Sentence:- On 12 October 2004, at the High Court at Forfar, the appellant pled guilty to the following charge prior to the commencement of the trial:- " On 30 June 2004 at Oxgangs Drive, Edinburgh, you did assault Robert James Anderson ... and strike him on the body with a knife to his severe injury ... and danger of life and you did attempt to murder him" whilst on bail. The trial judge imposed an extended sentence of nineteen years, of which the custodial elemen ...
By Euan A. Dow on 12/02/2009 13:13
Criminal Note of Appeal Against Sentence:- On 6 June 2006, the appellant appeared in the High Court of Justiciary at Dumfries and pled guilty at the trial diet to the following charge:- "On 29 September 2005 at the A701 Edinburgh Road near to its junction with Marchfield Road, Dumfries you did assault Audrey Margaret McDowall or Kelly ... and did drive motor vehicle registered number F883 RSX at motor vehicle number PX02 GGP then being driven by said Audrey Margaret McDowall or Kelly, enter the ...
By Euan A. Dow on 12/02/2009 13:11
Criminal Appeal by Stated Case:- The appellant was convicted of a charge of using lewd indecent and libidinous practices and behaviour towards a 15 year old girl, contrary to section 6 of the Criminal Law Consolidation (Scotland) Act 1995. At the time of the commission of the charge the appellant was twenty years of age. Despite the sheriff's findings in fact failing to include any reference to it, it would appear that the appellant believed, on reasonable grounds, that the complainer was over t ...
By Stephen Moore on 05/02/2009 15:08
On 24th June 2008 the appellant pled guilty in Glasgow Sheriff Court to a contravention of section 143 of the Road Traffic Act 1988. He was fined, his licence was endorsed and he was disqualified for a period of six months under the totting up provisions. The critical matter in this case was whether the justice was entitled to find, after evidence was led before him, that there was no exceptional hardship.
By Euan A. Dow on 03/02/2009 16:29
Criminal Note of Appeal Against Conviction and Sentence:- On 24 May 2007 the appellant was indicted along with his co-accused to the High Court at Inverness. On the second day of the trial the appellant pled guilty to the folowing charge:- "On 2 July 2006 at The Royal Oak Public House, Duke Street, Huntly you Mark Alexander Duncan and Peter John Duncan did assault Gary Andrew Henderson, c/o Grampian Police, Force Headquarters, Queen Street, Aberdeen, and did push him against a wall and did punch ...
By Euan A. Dow on 03/02/2009 16:24
Criminal Note of Appeal Against Conviction:- On 21 April 2005 at the High Court at Glasgow, the appellant was convicted by a majority verdict on five charges of indecency including inter alia rape. On 12 May 2005, the trial judge sentenced the appellant to 11 years imprisonment in cumulo in respect of charges (1), (2), (5) and (6), from 21 April 2005 and to imprisonment for a period of 1 year in respect of charge (4), said period to run consecutively to the 11 year period. The Court also certifi ...
By Euan A. Dow on 03/02/2009 16:18
Criminal Note of Appeal Against Sentence:- On 22 May 2008 at a trial diet at Edinburgh Sheriff Court the appellants pled guilty to various contraventions of the Health and Safety at Work etc Act 1974. The offences related to failures by the appellants to provide a safe system of work and to make a necessary risk assessment which resulted in an employee of Border Rail being crushed to death on 21 March 2006 when the wheel of a defective mobile work access platform ran over him. On 23 May 2008, th ...
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 ...
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