Criminal Appeal by Stated Case:- The appellant was convicted of the following charge after trial:- "on 11 July 2009 in North Marketgait at Eastern Cemetery, Arbroath Road Dundee, you DF and GD did commit an offence of public indecency in that you, DF did perform oral sex on GD.” The sheriff held that the appellant had performed oral sex on her male co-accused and the act was committed "in public" in the sense required to amount to an offence of public indecency. In the Stated Case the ...
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Criminal Appeal:- The respondent attempted to institute summary proceedings against the appellant in respect of a charge of speeding in 2009. Following repeated correspondence between those acting for the appellant and the respondents it appeared that the complaint was never properly served upon the appellant. Further proceedings were instituted in which a complaint was successfully served. On 30 October the appellant's solicitor wrote to the respondent pleading not guilty to the charge on ...
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Crown Appeal Against Sentence:- On 23 February 2010 at a first diet at Dunfermline Sheriff Court the respondent pled guilty on indictment to an amended charge of contravening section 2B of the Road Traffic Act 1988 (as amended by the Road Safety Act 2006), namely, causing death by careless driving. On 4 May 2010 following the obtaining of a social enquiry report and community service assessment the sheriff imposed a community service order requiring the respondent to perform 240 h ...
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Criminal Note of Appeal Against Conviction:- On 20 November 2008 at Perth Sheriff Court the appellant pled guilty on indictment to a contravention of section 113(1)(b) of the Sexual Offences Act 2003 by “…having unsupervised contact with any female child or accosting or molesting any female child, you did between 28 July 2008 and 2 August 2008, both dates inclusive, at 17 Glenearn Road, Perth, 24 St Catherine's Square, Perth or ...
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Bill of Suspension:- On 23 April 2009, the complainer appeared at Kilmarnock Sheriff Court in response to a summary complaint and pled guilty to a contravention of Section 68(1) and (7) of the Licensing (Scotland) Act 1976.The plea was accepted by the Crown and the sheriff noticed that the principal complaint had not been signed. The respondent brought an application under section 300A of the Criminal Procedure (Scotland) Act 1995 which was opposed. On 16 June 2009, having heard the su ...
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Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The respondent received a summary complaint containing a charge alleging a contravention of section 172(2)(a) and (3) of the Road Traffic Act 1988. Service of the complaint was effected on 23 October 2009. The case first called in the Justice of the Peace Court at Glasgow on 29 October 2009. On the respondent's unopposed motion, the matter was continued without plea until 26 November 2009 and a ...
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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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