Criminal Note of Appeal Against Conviction:- On 24 January 2007, at the High Court in Edinburgh, the appellant was found guilty of a charge of rape following trial. The appellant appealed against his conviction on the grounds that:- (1) there was insufficient corroborative evidence of (a) lack of consent or (b) the appellant having had the necessary mens rea for rape; (2) no reasonable jury properly directed could have returned a verdict of guilty having regard to the nature of the evidence on w ...
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Motion for expenses:- Here the appellants were successful in their appeals under Section 188 of the Criminal Procedure (Scotland) Act 1995 which provides:- "(1)...where (a) an appeal has been taken under section 175(2) of this Act or by suspension or otherwise and the prosecutor is not prepared to maintain the judgment appealed against he may, by a relevant minute, consent to the conviction...being set aside either in whole or in part; or (b) no such appeal has been taken but the prosecutor is, ...
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Criminal Appeal by Stated Case:- The appellant was charged on summary complaint at Annan District Dourt in Dumfries and Galloway on a charge of speeding by driving at 85 miles per hour in a 70 limit contrary to the Motorways Traffic (Speed Limit) Regulations 1974, Regulation 3 and the Road Traffic Regulation Act 1984, Section 17(4). The appellant pled "not guilty" and proceeded to trial. At the conclusion of the Crown case the appellant made a "no case to answer" submission on the basis that:- ( ...
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Criminal Note of Appeal Against Sentence:- The appellant was found guilty after trial of a charge of murder committed whilst on bail. The deceased was the stepchild of the appellant, being the daughter of the appellant's wife to whom he was married at the time of the murder. The jury unanimously found the appellant guilty of murder, thus rejecting the position of the appellant that, at the material time, he had been acting under diminished responsibility. The trial judge imposed the mandatory se ...
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Criminal Note of Appeal Against Conviction:- On 29 April 2005, after a trial in the High Court at Dunfermline, both appellants were convicted of a number of offences, including murder. The first appellant was also convicted of the assault to severe injury and attempted murder of an associate of the deceased, and it was only against that conviction which he appealed here. The second appellant appealed against his murder conviction. On behalf of the first appellant it was submitted that ...
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Bill of Advocation:- The respondent appeared in Glasgow District Court on a summary complaint containing a charge of "drunk driving" contrary to section 5(1)(a) of the Road Traffic Act 1988. On 4 December 2008, after numerous callings of the case over a period of 13 months, the stipendiary magistrate granted a defence motion to desert the diet simpliciter. Here the complainer appealed against that decision by way of Bill of Advocation. The issue here was that the solicitor acting on behalf of th ...
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A sentence of 21 months' imprisonment imposed on an offender for causing death by dangerous driving was arguably unduly lenient but was not altered, as although she had been using her mobile phone to call, send, receive and read text messages during her journey she had not used her phone at the time of the collision or immediately before it.
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The proof in this action is due to commence on 19 May 2009. There were two purposes of this pre-proof hearing:- (1) for parties to advise the court of their state of preparation for proof; and (2) further consideration of a motion made on behalf of the third respondent on the last occasion the case called, Lady Stacey requiring the third respondent to lodge a written statement justifying his reasons for wanting to call four individuals as witnesses, namely three solicitors employed, or formerly ...
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Here the petitioners sought a recovery order against the respondents in terms of Chapter 2 of Part 5 of the Proceeds of Crime Act 2002. In the petition the allegation made was that certain property held by the respondents was recoverable property. The petitioners contended that the property specified in Part II of the Schedule to the petition was:- (1) property obtained through unlawful conduct; or (2) property obtained through unlawful conduct held by persons into whose hands it may be followed ...
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Criminal Note of Appeal Against Conviction:- The appellant appeared in Glasgow High Court on 4 October 2004 on an indictment containg five charges including two of murder. He pled guilty to culpable homicide on charge 1 and to murder on charge 3. At appeal it was submitted by senior counsel for the appellant that he now wished to withdraw the plea of guilty tendered by his client to charge 3 on the basis that the narrative of the charge did not describe the crime of murder as understood in the l ...
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