Case Summaries Up To March 2011
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By Euan A. Dow on 30/03/2011 16:28
Criminal Appeal Against Sentence:- On 19 October 2001 the appellant, a British national, was arrested attempting to board a plane bound for Taiwan at Don Muang Airport in Bangkok. In his possession was a bag containing 3.3kg of high purity heroin. On 19 September 2002 the appellant was convicted of drug trafficking, however, on account of his co-operation with the Thai authorities in the initial stages of the police investigation a death sentence was commuted to life imprisonment. The ...
By Euan A. Dow on 30/03/2011 15:23
Criminal Note of Appeal Against Conviction and Sentence:- In May 2010 at the High Court at Livingston the appellant was found guilty after trial of the following charge:- "Between 29 November 2007 and 11 December 2007, both dates inclusive, at 1/4 Royston Mains Place, Edinburgh you ALAN CAMERON did assault Heather Joanne Stacey or Egan or Williamson, formerly residing there, by means to the Prosecutor unknown and did cause her injury as a result of which she died there and you did murder her. ...
By Euan A. Dow on 18/03/2011 15:41
Criminal Note of Appeal Against Conviction:- On 31 August 2010, at the High Court in Glasgow, the appellant was unanimously found guilty after trial of a charge of attempted murder by repeatedly kicking and stamping on WMcA’s head and body. Two co-accused had previously pleaded guilty to their involvement in the incident. At the trial the Crown sought to rely on the identification of the appellant by two police officers from CCTV evidence recovered from cameras at Shipbank Lane i ...
By Euan A. Dow on 18/03/2011 15:36
Criminal Note of Appeal Against Conviction:- On 12 November 2009, the appellant went on trial at the High Court at Glasgow charged with inter alia murder and assault. His co-accused were his two brothers Ryan and Andrew, and two others, Brian Smith and James Gardiner. On 9 December 2009 the appellant was convicted by a majority verdict of the culpable homicide of Brian Costello (charge 4) and by a unanimous verdict of the assault to severe injury and permanent disfigurement of Derek Lawson (char ...
By Euan A. Dow on 13/03/2011 07:21
Criminal Note of Appeal Against Conviction:- The appellant was convicted after trial of various sexual offences directed against the two granddaughters of the appellant’s then partner. The appellant was convicted of lewd and libidinous practices at common law when one of the girls was under 12 and contrary to section 6 of the Criminal Law (Consolidation) (Scotland) Act 1995 when she was between 12 and 15. In relation to the second girl, the appellant was convicted of lewd and libidino ...
By Euan A. Dow on 13/03/2011 07:18
Petition to the Nobile Officium of the High Court of Justiciary:- On 8 December 2009, the petitioner was convicted after trial of two charges of being concerned in the supply of amphetamine and cocaine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. On 12 January 2010 the petitioner was sentenced to twelve years' imprisonment concurrently on each charge. The petitioner subsequently lodged a note of appeal containing four grounds, three relating to his conviction, the fourth in ...
By Euan A. Dow on 13/03/2011 07:15
Criminal Note of Appeal Against Conviction and Sentence:- On 25 March 2010, at the High Court at Glasgow, the appellant was convicted after trial of a charge of murder. During the course of the trial the appellant had pled guilty to a charge of attempting to defeat the ends of justice by discarding clothing worn during the commission of the murder and fleeing to Spain on his brother’s passport after the commission of the offence. The appellant was sentenced to life imprisonment with a puni ...
By Euan A. Dow on 13/03/2011 07:13
Criminal Note of Appeal Against Conviction:- On 13 August 2001, at the High Court at Glasgow the appellant was convicted after trial of a contravention of section 4(3)(b) of the Misuse of Drugs Act 1971, namely, being concerned in the supply of ecstasy. After a long and protracted procedural history, including previous grounds of appeal having been refused by the court, counsel sought to resurrect a ground of appeal, which related to the extension by seven days of the 110 day time limi ...
By Euan A. Dow on 04/03/2011 13:52
Appeal against conviction under referral from the Scottish Criminal Cases Review Commission:- The appellant, and another man, George McNairn, were indicted in relation to charges of assault and robbery, murder, theft of a motor vehicle, and driving without insurance. The deceased in the case was Ian McBeth who was attacked as he left the Invergordon Social Club with the takings on the evening of 16 September 1990. He was assaulted and robbed and driven in his own car to an area four miles from I ...
By Euan A. Dow on 04/03/2011 13:47
Criminal Note of Appeal Against Sentence:- On 24 May 2007, at the High Court in Edinburgh, the first named appellant, was convicted after trial of two charges of rape. On 10 August 2007, he was sentenced to life imprisonment with a punishment part specified at 12 years. The sentencing judge stated that in all the circumstances, including a previous conviction in the High Court for assault with intent to ravish for which imprisonment for 30 months was imposed, the notional determinate s ...
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