Criminal Note of Appeal Against Conviction:- On 1 September 2008 the appellant was convicted after trial at Glasgow High Court of an assault to injury, an assault to injury and permanent disfigurement and an attempted murder, with each of the three charges aggravated by the appellant being on bail on two occasions. The appellant was sentenced to seven years and six months detention in cumulo with six months attributable to the bail aggravations. At the trial the appellant gave evidence and durin ...
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Criminal Note of Appeal Against Conviction:- The appellant was convicted of the following charge on 19 July 2009 under deletion of the word “repeatedly”:- “..you ... did assault S.A.B. ... and did [repeatedly] strike him on the neck and body with a knife or similar instrument, all to his severe injury, permanent disfigurement and to the danger of his life and you did attempt to murder him, and you did previously evince malice and ill-will towards him." The appellant appealed on ...
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Criminal Note of Appeal Against Sentence:- On 21 October 2004 the appellant was remitted to the High Court for sentencing for a serious assault and received an extended sentence of 9 years (with a custodial part of 6 years). In October 2008 the appellant was released on licence. On 3 November 2008 the appellant was granted bail at Glasgow District Court in relation to a charge of theft of a car and on 8 December 2008 he was alleged to have committed new offences, namely having with him in a publ ...
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Criminal Appeal by Stated Case:- Following trial at Glasgow Sheriff Court the appellant was convicted on summary complaint of a contravention of section 49(1) of the Criminal Law (Consolidation)(Scotland) Act 1995, namely, being in possession of a knife in a public place with no good reason or lawful authority. The appellant appealed on a number of grounds only one of which was argued here and related to defective representation by the appellant's trial counsel. In particular, trial counsel̵ ...
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On 2 July 1971 the appellant was convicted at Glasgow High Court after trial of a charge of murder. The appellant was sentenced to life imprisonment. On 13 June 1999 the appellant applied to the Scottish Criminal Cases Review Commission on a number of grounds including misdirections by the trial judge on onus and standard of proof. In terms of decisions dated 19 June 2001 and 25 March 2002, the SCCRC declined to refer the case on any of the grounds, however, the SCCRC reconsidered its decision i ...
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Criminal Note of Appeal Against Conviction:- On 1 March 2005, following trial at Kilmarnock High Court, the appellants were convicted of the murder of a 91-year-old woman who had been found dead in her home in Galston on 28 September 2003. She had been gagged with a duster and left lying face down on her bed with her hands tied behind her back. She had a number of head injuries, a broken rib, and bruising on the right hand, arm, left wrist and thumb. Following a post mortem the cause of death wa ...
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Evaluates in a historical context the Court of Appeal guidance in R. v B, referred to as R. v Barker, on the correct interpretation of the child witness competence provisions in the Youth Justice and Criminal Evidence Act 1999 s.53, including as regards whether procedural delay or the professed inability of the defence to cross-examine effectively, particularly in the absence of an intermediary, should be deemed to be fatal to a trial's fairness.
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Appeal dismissed: The court made obiter observations and gave guidance for the future about the use of special counsel in an appeal against conviction where the grounds of appeal related to a witness anonymity order made under the Criminal Evidence (Witness Anonymity) Act 2008. The guidance was prompted by the fact that the Act was relatively new and it was the first time complaints about its provisions had been presented for judicial consideration by the Court of Appeal.
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Appeal dismissed: The judgment in Zafar v DPP [2004] EWHC 2468 (Admin), (2005) 169 J.P. 208, [2005] C.L.Y. 779 did not alter the position that a type-approved breathalyser could not be challenged in a criminal court, and the Crown Court had correctly dismissed an individual's appeal against conviction for an offence under the Road Traffic Act 1988 s.5(1)(a).
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Outcome: Appeal allowed: The power of the appellate court to order a retrial following the quashing of a conviction was contained in the Criminal Appeal Act 1968 s.7 and was not eroded by the Criminal Justice Act 2003 s.75, which concerned the situation following an acquittal.
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