Appeal; Dangerous Dogs Act 1991; the owner of a staffordshire terrior dog was convicted of injuring the complainer when the dog became involved in a fight with the complainer's Scottie dog. For a period of about 8 minutes, the staffordshire terrior refused to respond to any commmand or enticement by the appeallant or by the complainer whilst biting the Scottie. The complainer attempted to put her hand between the two dogs and was bitten by the staffie. Appeal by stated case; sheriff; Appellant m ...
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Appeal Against Convictions: Appellant appealed against convictions for contravention of Section 6 of the Criminal Law (Consolidation) (Sc) Act 1995, a charge of indecent assault and two charges of assault to injury. The first ground of appeal was that the appellant was denied a fair trial as a result of the respondents failing to disclose information relating to precognitions which were taken of the two complainers. Disputed; whether the failure by the Lord Advocate to release early precognition ...
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Appeal of Conviction: Appellant was convicted of assault of several individuals with weapons including a baseball bat, hammer and knife. The appellant owned a farmhouse property which he had leased to a charitable institution, Lydia Trust Associates. The charity used the subjects as a residential rehabilitation centre for recovering drug addicts. The apeallant held a meeting at the farmhouse with the charity in an attempt to bring the lease to a premature end. The meeting was unsuccessful and th ...
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Note of Appeal Against Conviction; appellant appealed a conviction of raping a girl who had been extremely intoxicated. Forensic evidence was provided to the effect that vaginal swabs had been taken from the compainer and penile swabs from the appellant. No blood or semen was found on the vaginal swabs. These were not sent for DNA examination. Cellular material was found on the penile swabs and these were sent for DNA examination. DNA matching the compainer was found on the penile swabs. This wa ...
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Appeal Court: Appeal of conviction. Appeal on grounds that trial judge should have upheld a submission of no case to answer made under section 97 of Criminal Procedure (Scotland) Act 1995. The appellant had been convicted of theft, assault and robbery and attempt to defeat the ends of justice. The appellant had committed a robbery at gunpoint and had fled in a stolen vehicle. Both accused had then attempted to set the vehicle on fire with innovative incindiary devices. The crown relied heavily o ...
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Appeal Court: Appeal of sentence imposed following guilty plea to murder. Appellant pled guilty to murder on the second day of the trial following two failed lesser pleas which were refused. The guilty plea was made after viewing of a DVD of an interview with a Crown witness which had not been available at the beginning of the trial. The appellant's plea was to murder of a 53 year old man, whom he had kicked and punched until he was bleeding heavily and making a snoring noise. He had been joined ...
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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.
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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.
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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 ...
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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.
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