Where it had been concluded that an offender's matrimonial home represented the proceeds of crime, any money raised by way of mortgage against the property must itself be the proceeds of crime. The mere fact that there was legitimate and bona fide documentation backing the mortgage did not mean that the sum borrowed was any less the proceeds of crime.
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Criminal Note of Appeal Against Conviction:- On 6 July 2007 at the High Court in Glasgow, the appellant was found guilty following trial of charges of:- (1) assault to severe injury; and (2) murder, along with his co-accused, Richard Baxter Holden. On 21 August 2007 the appellant was sentenced to imprisonment for life with a punishment part of 10 years. The appellant appealed against conviction on two grounds:- (1) "The trial judge erred in directing the jury, ... that there was 'sufficient evid ...
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This appeal raised two questions in connection with the interpretation of Part I of the Drug Trafficking Act 1994 – (1) its meaning and consequent effect disregarding s.3 of the Human Rights Act 1998 and (2) the impact of art.6 of the ECHR on that meaning and effect. Lord Phillips of Worth Matravers noted that under the Drug Trafficking Act 1994, the assets of a defendant convicted of a drug trafficking offence are liable to confiscation to the extent that he has benefited from drug traff ...
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The appellant was charged with 12 counts of offences of causing or inciting a child under 13 to engage in sexual activity contrary to s.13(1) of the Sexual Offences Act 2003. The appellant sought to advance, on the basis that he had not known that what he was doing was wrong, a defence that he was doli incapax. He had been 12 years old at the time. He sought a preliminary ruling from the trial judge that this defence was open to him. The trial judge ruled that it was not. Upo ...
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Criminal Note of Appeal Against Conviction:- On 2 December 2005 follwoing trial the appellants were both found guilty of murder subject to certain deletitions to the charge. From the veridts returned and the deletitions made to the murder charge for each appellant it appeared that the jury rejected the contention, which had been advanced by the Crown during the trial, that the appellants had been acting in concert and they were convicted on the basis of the assault which each individually carrie ...
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Criminal Appeal by Stated Case:- On 26 August 2008 at Perth Sheriff Court the appellant was convicted of the following summary charge:- "on 2 May 2008 at ...Perth, you ... [did] conduct yourself in a disorderly manner shout and swear at the occupier there and at paramedics who were then treating her and commit a breach of the peace". The appellant appealed on the following grounds:- (1) the sheriff erred in law by repelling the submission of no case to answer ... in particular by holding that th ...
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Criminal Bill of Suspension:- Four "Fixed Penalty Notices" were issued in respect of the failure of a vehicle to display a current Excise License, contrary to section 33(1) the Vehicle Excise and Registration Act 1994. The penalties, amounting to £240 in cumulo, were not paid. Statutory notices were served upon the registered keeper of the vehicle at his home address in Stonehaven, however, there was no response to them. The complainer was cited to appear before the District Court on 1 Octo ...
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Application for leave to appeal to the Judicial Committee of the Privy Council:- On 29 January 2003 the appellant was convicted after trial on charges of inter alia murder and sentenced to life imprisonment with a punishment part of 25 years. The appellant appealed against conviction on a number of grounds. On 13 November 2007 at a hearing of the appeal senior counsel for the appellant moved the court to allow the late reception of inter alia a devolution issue minute. The Crown opposed the late ...
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Petition to the Nobile Officium:- On 22 March 2004 the petitioner was convicted of a number of offences and appealed against conviction. On 26 and 27 August 2008 the appeal was argued when the petitioner was initially represented by senior and junior counsel, however, during the course of the appeal the appellant became dissatisfied with the manner of his representation and counsel sought leave to withdraw from acting. Leave to withdraw was granted and thereafter the petitioner represented himse ...
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Petition to the Nobile Officium:- On 4 September 2007 a sheriff at Edinburgh Sheriff Court held that the petitioners were in contempt of court after they published a photograph in the Daily Record on 15 May 2007 of a footballer Derek Riordan during the currency of a summary trial. The sheriff fined them £1750. Here the petitioners sought review of that finding of contempt. Riordan, together with his co-accused, appeared at trial on summary complaint on two charges of assault and a charge of ...
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