Crown Appeals Against Sentence:- On 1 June 2007 the first and second respondents were each convicted after trial of the murder of Robert Bowie on 14 October 2006. On 19 July 2007 the first respondent was sentenced to be detained for life and an order made under section 2(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (as amended) that he serve a period of fifteen years before being eligible for parole. On the same date the trial judge sentenced the second respondent to be impri ...
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Criminal Appeal By Stated Case:- On 18 December 2008 the appellant appeared on summary complaint at Dundee Sheriff Court on five charges of assault and, after trial, was convicted of two of those charges. At the time of the commission of the offences the appellant was a maths teacher at Lawside Academy in Dundee and the complainers were 14 year old pupils at the same school. The appellant appealed by way of stated case, and the questions for the opinion of the court were:- "(1) Did I misdirect m ...
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Appeal dismissed. In all but exceptional cases, once a witness had been treated as hostile within the meaning of the Criminal Procedure Act 1865 s.3 the judge had to warn the jury to treat his evidence with caution, even if he had not proved to be hostile when giving that evidence.
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Appeal dismissed. The requirement under the Criminal Procedure (Insanity) Act 1964 s.4(6) that the court should not make a determination regarding the question of fitness to plead except on the evidence of two or more registered medical practitioners, at least one of whom had to be duly approved by the relevant body, was confined to a determination of unfitness to plead and not of fitness to plead.
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Abstract: The court developed the sentencing guidelines for firearms offences in R. v Avis (Tony) [1998] 1 Cr. App. R. 420, [1998] C.L.Y. 1214 to encompass cases of major seriousness involving the manufacture, importation, distribution or supply of firearms on a wide basis, in that for criminals involved in that level of gun crime, along with very lengthy determinative sentences, indeterminate sentences, whether discretionary imprisonment for life or imprisonment for public protection under the ...
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Confiscation orders - abuse of process
Comments on guidance given by the Court of Appeal in CPS v N regarding staying confiscation proceedings as an abuse of process, including whether an abuse of process argument could be founded on the basis that the proper application of the applicable legislative structure might produce an oppressive result and whether the Proceeds of Crime Act 2002 s.7(3) applied where the offender compensated a victim who had neither commenced civil proceedings nor expressed an intention of doing so. Considers ...
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Appeal allowed in part. Neither the Criminal Justice Act 2003 nor the Criminal Justice and Immigration Act 2008 contained provisions which effectively repealed the Powers of Criminal Courts (Sentencing) Act 2000 s.116, as amended by transitional provisions, concerning the power of the court to order a defendant to return to custody to serve the remaining period of an earlier sentence before serving his sentence for later offences where the earlier offence had been committed before April 2005.
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A concurrent sentence imposed on a young offender that comprised seven years' detention for possession of a firearm and six years' detention for two counts of assisting an offender was unduly lenient, as sentences for assisting an offender should normally be consecutive and there was no reason for that principle to have been disapplied.
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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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