Reclaiming Motion:- In the action the petitioners sought a recovery order under the Proceeds of Crime Act 2002. The first respondent was Lee Smith and the second respondent was his wife. In August 2006 the first respondent died and the second respondent opposed the petition for recovery as a party litigant. The petitioners sought recovery of four properties in Glasgow, including the former matrimonial home, the contents of three bank accounts held by the interim administrator and an insurance po ...
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Crown Appeal Against Sentence:- On 29 May 2008 the first respondent, a building contractor, was constructing houses in Dundee when one of its employees, Andrezej Freitag, fell from the third to the second storey of a block under construction and sustained injuries from which he died. The first respondent was indicted to Dundee Sheriff Court and pled to contravention of sections 2(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974 namely that they failed to ensure the health, saf ...
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Criminal Note of Appeal Against Conviction:- On 1 September 2005 following trial at Glasgow High Court the appellant was convicted of a number of firearms offences, a charge of murder and a charge of assault to injury. The appellant was subsequently sentenced to life imprisonment on the murder charge, with a punishment part of 18 years, and various concurrent periods of imprisonment on the remaining charges. The appellant thereafter lodged a note of appeal on the ground that no reasonable jury p ...
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Reference from the Scottish Criminal Cases Review Commission:- On 5 September 2002 the appellant was convicted of a charge of rape following trial at the High Court at Aberdeen. The trial judge sentenced the appellant to five years imprisonment on the rape charge and admonished him for the indecent assault charge which he had earlier pled guilty to. A number of grounds of appeal were lodged, only one of which, relating to defective representation, passed the sift. However, on 30 April 2004 ...
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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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