Appeal allowed. A pension policy that had not yet matured was free property available to be assessed as an asset in determining the amount of a confiscation order. However, the judge was wrong to assess its value as the final realisable amount as there was no way to realise any money on the policy until it matured.
|
Reference allowed. The court was not prepared to circumvent the statutory maximum sentence of 10 years' imprisonment available for firearms offences by disapplying well understood sentencing principles and imposing consecutive rather than concurrent sentences in respect of an offender found with a number of guns and ammunition which had come into his possession on one single occasion.
|
Analyses the Court of Appeal decision in R. v Whittington (Mark) in an appeal against a confiscation order on whether, where it was accepted that an offender had led a criminal life style and benefited from it, a notebook containing various figures provided evidence sufficient to establish his having obtained property in a sum in excess of GBP 8 million, thus triggering the Proceeds of Crime Act 2002 s.10 assumptions, notwithstanding the sentencing judge having misdirected himself as to on whom ...
|
Outcome: The Court of Appeal allowed the appeal and held that in a prosecution for a sexual offence, a previous conviction would be admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.
|
Criminal Note of Appeal Against Conviction:- On 16 June 2008 the appellants were found guilty by a majority verdict of a charge of assault to injury and permanent disfigurment by the use of a knife. Both appellants appealed against their conviction on the ground that the sheriff misdirected the jury on the doctrine of concert. In her address to the jury, the procurator fiscal depute sought convictions against both accused solely on the basis of joint criminal responsibility. In her charge to the ...
|
Criminal Note of Appeal Against Sentence:- The appellant was convicted after trial in the High Court at Glasgow of a charge of murder along with her co-accused, Alexander Leith. A further co-accused, Paul Pollin, had pled guilty to murder in advance of the trial. The trial judge imposed sentences of life imprisonment on each of the accused. The punishment part in respect of co-accused Leith was 17 years, in respect of co-accused Pollin 13 years, which had been reduced from 16 years on account of ...
|
Criminal Note of Appeal Against Conviction:- On 12 April 2000 the appellant was convicted after trial at the High Court at Perth of murder and sentenced to life imprisonment. Following her conviction, the appellant intimated her intention to appeal against her conviction and sentence, however, a Note of Appeal against conviction was not lodged until 9 August 2004 after new agents were instructed. It was the appellants's position at her trial that she had awakened to find her partner, the decease ...
|
Appeals dismissed. The Police Act 1997 s.115(7) was not incompatible with the European Convention on Human Rights 1950 art.8 as long as the words "ought to be included" were given their full weight, so that in exercising his discretion as to what information ought to be included in an enhanced criminal record certificate the chief police officer gave proper consideration to the applicant's right to respect for his private life.
|
Reference allowed: A sentence of 12 months' imprisonment was appropriate in the case of a police officer who had pleaded guilty to misconduct in public office and conspiracy to defraud after accessing police computer records for his own purposes and, on some occasions, passing on information to criminal friends.
|
Appeals allowed. The case of an offender who had offered to assist the police by providing information, but due to police resource shortages had not done so before he had been sentenced, fell within the exceptional cases which permitted flexibility of the regime regarding discount for assisting the police, and his sentence was reduced.
|
| 1 2 3 4 5 6 7 8 9 10 ... |