Appeal by Stated Case:- The appellant was tried on summary complaint at Perth Sheriff Court on a charge of breach of the peace. At the end of the Crown case the solicitor appearing on behalf of the appellant made a no case to answer submission in terms of section 160 of the Criminal Procedure (Scotland) Act 1995. The submission was repelled and following the appellant giving evidence on his own behalf he was subsequently convicted by the sheriff of the following charge:- "On 11 June 2009 at Oakb ...
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Note of Appeal Against Conviction:- On 6 March 2009 the appellant was convicted after trial at Aberdeen High Court of the following charge:- "on an occasion between 1 and 31 May 2006… you did assault BL then aged 4 years... and did put your private member in his mouth, pull down his pyjama bottoms...". On 17 April 2009 the appellant was sentenced to 30 months detention. The appellant appealed against his conviction on the following grounds:- (1) that the trial judge had erred in repelling ...
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Appeal by Stated Case:- On 28 October 2009 following a summary trial at Peebles Sheriff Court the appellant was convicted of a contravention of section 5(1)(a) of The Road Traffic Act 1988, namely drink driving, with the appellant having a reading of 70 micrograms of alcohol per 100 millilitres of breath. The appellant was fined £700 and disqualified from driving for 18 months. In this appeal by stated case under sections 175 and 176 of the Criminal Procedure (Scotland) Act 1995 t ...
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Criminal Note of Appeal Against Conviction:- On 24 March 2009 at Glasgow High Court the appellant was convicted of various offences involving the serious sexual abuse of his two sons. He was also convicted of two charges of breach of the peace which involved the issuing of threats to his sons against reporting the allegations of abuse. It was in relation to the breach of the peace charges that the appellant appealed against conviction here. It was submitted on behalf of the appellant in rel ...
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Criminal Note of Appeal against Conviction:- On 17 July 2009 following a trial on indictment at Perth Sheriff Court the appellant was found guilty of a charge of contravening section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant was sentenced to 5 years imprisonment. He lodged a Note of Appeal containing the following ground:- “During the course of the trial, objection was taken to the evidence which indicated actual supply of drugs by the Appellant to any other person, on the bas ...
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Criminal Note of Appeal Against Conviction:- In February 2009 the appellants stood trial on indictment at Perth Sheriff Court following a disturbance at a nightclub in Perth on 21 October 2007 which led to incidents between Gary Singh and the first appellant, and between Singh's partner Eilidh Duncan and the second and third appellants. On 17 February 2009 the first appellant was convicted of assaulting Singh to his severe injury and permanent disfigurement by punching and kicking him and striki ...
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This appeal concerns the inter-relationship between the sentencing provisions of the Criminal Justice Act 1991 (‘the 1991 Act’) and the Criminal Justice Act 2003 (‘the 2003 Act’).The Supreme Court unanimously allowed the appeal. Lord Judge deplored the fact that ‘so much intellectual effort, as well as public time and resources, have had to be expended in order to discover a route through the legislative morass to what should be, both for the prisoner herself, and for those responsible for her c ...
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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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