Criminal Note of Appeal Against Conviction:- On 23 January 2009, the appellant was convicted unanimously after trial of the following charge:- "On 23 April 2008 at Ground Flat Left, 24 Waverley Road, Foxbar, Paisley you did assault Tracey Scott, formerly residing there and did repeatedly strike her on the head with a blunt object or similar instrument to the prosecutor unknown, to her severe injury, did rob her of £483.90 or thereby of money and you did murder her." Subsequently ...
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Criminal Note of Appeal Against Conviction:- The appellant was convicted after trial at the High Court at Glasgow of being concerned in the supply of cannabis resin, cocaine and ecstasy contrary to section 4(3)(b)of the Misuse of Drugs Act 1971. On 13 July 2001, the appellant was sentenced to seven years' imprisonment in respect of the cannabis resin charge, nine years' imprisonment in respect of the cocaine charge and five years' imprisonment in respect of the ecs ...
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Petition to the Nobile Officium:- On 4 August 2008 the petitioner pled guilty of charges of fraud and money laundering at the High Court at Aberdeen. On moving for sentence the advocate depute applied for a confiscation order and invited the court to make a financial reporting order in terms of section 77 of the Serious Organised Crime and Police Act 2005. On 5 August 2008 the petitioner was sentenced to a period of imprisonment of three years in respect of the fraud charge and, in res ...
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Bill of Suspension:- On 27 April 2006, the suspender pled guilty at Aberdeen Sheriff Court to the following charge on summary complaint:- "On 20 January 2006 at various roads between Banchory and Old Kemnay Road, Port Elphinstone, Inverurie, Aberdeenshire, you Alexander Allan Bowes did conduct yourself in a disorderly manner, utter comments of a sexual nature towards NC ... then aged 14 and did commit a breach of the peace." On 25 May 2006, when the case called for sente ...
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Crown appeal against sentence:- On 14 August 2009 at the High Court of Justiciary at Glasgow the respondent pled guilty to a charge of lewd, indecent and libidinous conduct against boys, to two charges under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 Act and to two charges under section 52 of the Civic Government (Scotland) Act 1982. On 30 September 2009 the sentencing judge imposed an extended sentence in terms of section 210A of the Criminal P ...
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Petition to the Nobile Officium:- On 21 January 2005 the petitioner was convicted of murder and subsequently appealed against his conviction and sentence. In February 2008 the appeal against conviction was heard. On 16 May 2008 the court refused the appeal against conviction. Here the petitioner applied to the nobile officium and sought leave to argue a ground of appeal that was not argued on his behalf when the court heard and refused the appeal against conviction. On 24 August 2009 Lord Carlow ...
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Application for leave to appeal to the Supreme Court:- On 9 March 2010 the Appeal Court refused the appeal of the appellant in his appeal against conviction. Here the appellant sought leave to appeal to the Supreme Court of the United Kingdom. There were four “devolution issues” upon which leave to appeal was sought:- (1) the rule of specialty; (2) prejudicial publicity and the problem of the possibility of jurors conducting searches of the internet in order to obtain access to ...
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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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