Criminal Note of Appeal Against Sentence:- On 6 March 2009 the appellant pled guilty by letter to a contravention of section 3 of the Road Traffic Act 1988 on summary complaint. The Sheriff fined the appellant £500, discounted for the early plea from £750 and imposed seven penalty points which was not discounted. The imposition of the 7 points resulted in the revocation of the appellant's licence under the Road Traffic (New Drivers) Act 1995. In not discounting the penalty points the S ...
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Criminal Note of Appeal Against Conviction and Sentence:- On 15 October 2003 at the High Court of Justiciary at Glasgow the appellant was found guilty by the jury of charges 3, 4, 7 and 8, subject to certain deletions in the case of charges 7 and 8. At the close of the Crown case on 26 September 2003, the Advocate-Depute advised the Court that he wished to withdraw the libel in respect of charges 1 and 2 on the indictment. Two grounds of appeal were argued:- (1) there was unfairness that the Cro ...
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Criminal Note of Appeal Aginst Conviction and Sentence:- On 16 May 2003 the appellant was convicted after trial at the High Court of Justiciary at Glasgow of a charge of contravening section 170(2)(b) of the Customs and Excise Management Act 1979. Leave to appeal was granted in respect of a number of grounds of appeal, however, here only one ground of appeal was argued. The ground of appeal related to three tapes of an interview between a witness "Nicola Smith" and an officer of HM Customs and E ...
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Criminal Note of Appeal Against Conviction:- On 31 July 2007 the appellants were found guilty of murder. The first appellant was convicted of murder on the basis that he had used a concrete slab to strike the victim, while the second appellant was convicted of murder on the basis of concert. Both appellants appealled against their conviction. The first appellant argued that his trial was unfair due to:- (1) the admission of evidence of statements by the second appellant naming the first appellan ...
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Criminal Appeal Against Refusal of a Preliminary Plea:- The appellant appeared on indictment at Dundee Sheriff Court on various charges including inter alia two charges of breach of the peace. The appellant raised preliminary pleas to the relevancy of the indictment, in particular to the two charges of breach of the peace contained within it. On 26 February 2009 at a first diet the sheriff repelled the preliminary pleas and it was against that decision the appellant appealed. Here a bench of 5 j ...
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Criminal Note of Appeal Against Conviction:- On 29 August 2006 at Glasgow High Court the appellant was found guilty of a charge of murder by striking the victim "..on the neck with a knife or similar instrument to his severe injury and...did murder him". The appellant was sentenced to life imprisonment with a punishment part of 14 years. The appellant lodged a number of grounds of appeal:- (1) that the trial judge misdirected the jury on how to treat the mixed statements made by the appellant; ( ...
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Criminal Note of Appeal Against Conviction:- On 17 September 2001 at the High Court in Edinburgh the appellant was found guilty by a jury of a charge of murder subject to certain deletions. On 17 May 1999, at the High Court in Glasgow the appellant was convicted after trial of murder and he successfully appealed against his conviction on the ground of misdirection by the trial judge. The Crown was granted authority to bring a fresh prosecution and a second trial took place resulting in the appel ...
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Criminal Note of Appeal Against Conviction:- On 16 August 2007 the appellant was convicted after trial at Glasgow High Court of a charge of rape and was sentenced to five years imprisonment. The appellant appealed against the conviction on the basis that the trial judge misdirected the jury by telling them that they could have regard to a de recenti statement made by the complainer regarding the rape, which statement was spoken to in evidence by one of her friends but which the complainer hersel ...
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Criminal appeal against refusal of bail:- This was an appeal under section 32 of the Criminal Procedure (Scotland) Act 1995 against a refusal of bail by the sheriff. On 7 July 2009 the appellant appeared on petition at Ayr Sheriff Court on a charge of assault to severe injury. The appellant applied to the sheriff for bail which was opposed by the Crown on the ground that there was a substantial risk that if the appellant was granted bail she would commit further offences. A schedule of previous ...
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Criminal Note of Appeal Against Conviction:- On 5 April 2006 the appellants were each found guilty after trial of a contravention of section 327(1)(d) or (e) of the Proceeds of Crime Act 2002, namely, transferring or removing criminal property. The first named appellant was convicted of the charge restricted to between 30 September and 9 December 2003 for the sum of £69,995. The second and third named appellants were each convicted of the charge restricted to between 16 and 23 July 2003 for ...
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