The issue in this case is as to the scope of the words “unable to communicate” in s.30(2)(b) of the Sexual Offences Act 2003. The defendant was charged with intentionally touching the complainant by penetrating her mouth with his penis. The complainant was unable to refuse because of or for a reason related to a mental disorder and the defendant knew or could reasonably have been expected to know that she had a mental disorder and that because of it or for a reason related to i ...
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Mr Khoury was the chairman, general manager and a director of the Consolidated Contractors International Company SAL (“CCIC”). He has at all times been habitually resident in Greece. In July 2007, Mr Masri obtained without notice an order for his examination as an officer of CCIC in respect of CCIC’s means under CPR 71. The order, granted without notice and on paper by Master Miller, provided for service on the London solicitors then acting for CCIC. It was common ground that t ...
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Criminal Note of Appeal Against Conviction:- On 6 February 2006 the appellant was found guilty on indictment after trial at Falkirk Sheriff Court of a charge of assault to severe injury and permanent disfigurement. The appellant was sentenced to three years imprisonment and appealed against his conviction by way of note of appeal. There were ultimately three grounds of appeal argued:- (1) that the sheriff erred in repelling a submission of no case to answer in terms of section 97 of the Criminal ...
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Plea in bar of trial:- The minuter was indicted in relation to a charge of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988. The minuter has raised a preliminary plea under section 72(3) of the Criminal Proceedure (Scotland) Act 1995 on the basis that the Crown is "personally barred" from proceeding with the indictment proceedings. The accident which resulted in the death was on 13 March 2008 and on that day the minuter was interviewed by the police ...
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Criminal Appeal by Stated Case:- The appellant, a serving prison officer, was prosecuted on a summary complaint containing a single charge of assault containing the following specification:- “…and did charge at him, knock him backwards, grab him by the head and force him to the ground." At the conclusion of the evidence for both the prosecution and the defence, the procurator fiscal depute made a motion to amend the libel by inserting after the phrase "and did charge at him" the word ...
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Criminal Note of Appeal:- The appellant was charged on summary complaint with a contravention of section 33(1)(b) of the Environmental Protection Act 1990. The appellant's wife appeared on the same complaint charged with the same offence in her capacity as a director of four companies referred to in the charge against the appellant. On 23 February 2009 the appellant challenged the competency and relevancy of the complaint on the ground that it was incompetent to prosecute the appellant as a dire ...
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Petition to the Nobile Officium:- On 11 August 2004 the petitioner was convicted after a summary trial of the following charge:- "on 26 July 2003 at the bus stop in Cockburn Street, Falkirk you....did culpably and recklessly throw a stone or similar object at a single decker public service bus, registration P214 NSC, then in operation and said stone struck a window on said bus whereby said window was damaged causing the bus window to smash." He was ordered to perform 100 hours community service ...
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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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