Criminal Appeal by Stated Case:-The appellant was convicted following trial at Hamilton Sheriff Court of the following charge:- "On 7 January 2010 at 50 Kenilworth Avenue, Wishaw, you did conduct yourself in a disorderly manner, shout, swear, place Lorraine Hatcher in a state of fear and alarm and commit a breach of the peace". The incident related to a row between the appellant and his wife, at their home address, in which the appellant was the aggressor and shouted at the complainer calling he ...
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Bill of Suspension:- On 27 October 2009, the complainer signed a written intimation of his intention to plead guilty to a contravention of section 2 of the Road Traffic Act 1988. On 20 November 2009 at a pleading diet the plea of guilty was recorded and the court deferred sentence until 4 December 2009 for the personal appearance of the complainer given he was liable to be disqualified from driving. On 4 December 2009, the complainer was represented by a solicitor and af ...
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Criminal Note of Appeal Against Conviction:- On 13 May 2009, the appellant was found guilty after a trial at Edinburgh Sheriff Court of the following charge on indictment:- "On 31 May 2008 at …Bonnyrigg…you…did assault Marc Wilson .....and did strike him to the neck with your hand whilst holding a glass, causing the glass to break to his severe injury and permanent disfigurement". A rider was added to the verdict by the jury to the effect that the assault had been carried out u ...
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Criminal Note of Appeal Against Conviction:- On 1 August 2008, following a trial at the High Court in Edinburgh, the appellant was found guilty of a charge of attempted murder, a charge of being in possession of heroin, two charges of breach of the peace and a contravention of section 41(1)(a) of the Police (Scotland) Act 1967. The appellant was sentenced to a period of 9 years imprisonment in cumulo. The appellant appealed against his conviction in relation to the attempted murder charge on the ...
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The petitioner was listed as a Crown witness in an indictment containing a number of serious charges involving firearms. Those indicted were James Scott MacDonald and Raymond Anderson, Senior. The indictment was brought to trial at the High Court in Glasgow in March 2008 and the petitioner was called to give evidence by the Crown on 6, 7 and 11 March 2008. Due to certain problems with the jury in that trial, it was deserted pro loco et tempore on 11 March 2008, during the course of the ...
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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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