Bill of Suspension:- On 7 August 2009, a justice of the peace in Glasgow granted a search warrant in terms of section 23(3) of the Misuse of Drugs Act 1971 and was contained in a pro forma single sheet document with typed text and blank boxes requiring completion. Boxes 4 and 5, which required the full name of the occupant and the full address or description of the premises to be searched to be completed had the complainer’s name “James Paterson” duly completed, however, i ...
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Criminal Note of Appeal Against Sentence:- On 2 February 2010 at Glasgow Sheriff Court at a continued first diet the appellants each pled guilty to a charge of assault and robbery, having each been indicted on two charges of assault and robbery. The first and second appellants pled guilty as libelled to charge 1 and maintained their plea of not guilty to the second charge and the third and fourth appellants pled guilty as libelled to charge 2 but maintained their pleas of not guilty to ...
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Criminal Note of Appeal Against Conviction:- On 20 February 2009 at Glasgow High Court the appellant was convicted after trial of a charge of murder. The appellant subsequently appealed against his conviction. The issue for the jury at trial had been whether the appellant, who accepted being in the presence of the deceased at the time of the attack on the deceased Andrew Best, was responsible for the murderous attack or whether it was the former co-accused John Maguire, who had previo ...
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Criminal Appeal by Stated Case:- On 14 February 2008, following a trial at Selkirk District Court, the appellant was found guilty of a contravention of the Road Traffic Regulation Act 1984 Sections 88 and 89, namely, driving at a speed of 78 miles per hour on a 60 miles per hour limit road. On 27 March 2008 the appellant was fined £150 and had his driving licence endorsed with three penalty points. The appellant appealed against his conviction by way of stated ...
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Application for Leave to Appeal to the Supreme Court:- On 1 March 2005, the appellant was convicted of murder and was sentenced to life imprisonment. He appealed against conviction. At a procedural hearing on 15 October 2009 fresh counsel instructed advised that he wished to abandon certain grounds of appeal and to add new grounds. The additional grounds were subsequently referred to as a composite "ground 1A” and as at 15 October 2009, the grounds of appeal expected to be argued ...
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Crown Appeal Against Sentence:- On 21 October 2009 at Glasgow Sheriff Court the respondents pled guilty, at a continued first diet, to a contravention of section 33(1)(c) of the Environmental Protection Act 1990 in that they did:- “…dispose of controlled waste, namely paper, wood, plastic, metal, vegetation, polystyrene, insulation material, chipboard, cardboard, roofing felt, carpeting, a ladder, a bicycle, a mattress and a bath in a manner likely to cause pollution of th ...
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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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