Criminal Note of Appeal Against Conviction:- The appellant was convicted after trial on indictment in the Sheriff Court of two charges of fraud and attempted fraud along with his co-accused. The charges related to defrauding, and attempting to defraud, elderly householders by misrepresenting the need for, or the extent of, repairs to the homes of the elderly complainers and overcharging them for the works claimed to have been carried out. The appellant appealed against his conviction by way of N ...
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Bill of Suspension:- The complainer was charged on a summary complaint at the instance of the respondent with indecent assault relating to an alleged incident on 5 July 2007. Following considerable procedure on 7 October 2008, the respondent's representative moved the court to adjourn a trial diet and that motion, which was opposed on behalf of the complainer, was granted by the court. In this Bill of Suspension the complainer averred that he required to apply to the Appeal Court for the suspens ...
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Criminal Note of Appeal Against Conviction:- The appellant was convicted after trial on indictment in the Sheriff Court of a number of charges of fraud along with his co-accused. The charges related to defrauding elderly householders by misrepresenting the need for, or the extent of, repairs to the homes of the elderly complainers and overcharging them for the works claimed to have been carried out. The appellant appealed against his conviction by way of Note of Appeal containing thirteen ground ...
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This case raises a short but important point about the meaning of the expression “market value” in s.79 of the Proceeds of Crime Act 2002. The relevant subsections provide as follows: “(1) This section applies for the purpose of deciding the value at any time of property then held by a person. (2) Its value is the market value of the property at that time.” The question on which the House granted leave to appeal has focussed the issue in this way - “For the ...
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(T) appealed against a conviction for grievous bodily harm with intent. A witness (X) had stated that T had confessed the incident to her immediately after it had happened. At the conclusion of her statement she had said that she was leaving the area the following day and would not have made the statement otherwise, out of fear. She also stated that she would not attend court to give evidence. At a preliminary hearing it was made clear that X would be needed for the trial, and a witness summons ...
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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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