The immediate issue in this case is whether the trial at which the Appellant was convicted of murder was fair. The point of law of broader significance is whether it is compatible with Article 6 of the European Convention on Human Rights for an appeal against a criminal conviction on the ground of the Crown’s non-disclosure of evidence to the defence to be determined by applying the test laid down by the High Court of Justiciary in Cameron v HMA 1991 JC 252 for “fresh evidence” appeals.Arlene Fr ...
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Criminal Note of Appeal Against Conviction:- On 7 April 2006 at the High Court in Edinburgh the appellant was convicted after trial of two charges:- (1) an assault to the danger of life on a child J.S. aged 6 months in 1982; and (2) the culpable homicide of the same child aged 7 months, also in 1982. The appellant was sentenced to an extended sentence of fifteen years imprisonment comprising a custodial term of ten years and an extended period of five years. On appeal that sentence was red ...
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Criminal Note of Appeal Against Sentence:- On 24 May 2007 at the High Court in Edinburgh the appellant was found guilty after trial of two charges of rape. On 10 August 2007, the trial judge sentenced the appellant to life imprisonment. In terms of section 2(2) of the Prisoners & Criminal Proceedings (Scotland) Act 1993, he ordered that a period of 12 years be served by the appellant before the provisions of sections 2(4) and 2(6) of that Act sh ...
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Criminal Note of Appeal:- These are three separate appeals which arise following the Supreme Court judgement in Cadder v. H.M.A. 2010 S.L.T. 1125. In each of these cases the appellant was interviewed by the police before he was charged and before he had had access to legal advice. Subsequently, at the three trials the Crown led evidence of certain statements made by each appellant during the interview as part of its case. The grounds of appeal in each case include the contention that the a ...
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Criminal Note of Appeal Against Conviction:- On 24 January 2008 the appellant was convicted after trial at Glasgow High Court of the culpable homicide of his daughter. The appellant appealed against his conviction on the basis of criticisms of the trial judge's charge and alleged misdirections made by him. The first criticism related to part of the charge which dealt with statements or actions by persons other than the appellant, incriminating him, but made or performed outwith his pr ...
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Application for reduction of the punishment part of the sentence of life imprisonment:- Following a finding of guilt after trial the applicant was sentenced to life imprisonment, with a punishment part of twenty years being specified. On 9 March 2010 the Appeal Court issued its opinion, refusing all the grounds of appeal against conviction. The applicant sought leave to appeal to the Supreme Court. That application was refused by the High Court on 27 May 2010. On 16 December ...
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Crown Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- Summary proceedings were raised against the respondent in relation to a contravention of section 2 of the Road Traffic Act 1988 in relation to the nature of his driving on 7 July 2010. On that date the respondent was stopped by police officers who warned him in terms of section 1 of the Road Traffic Offenders Act 1988 in relation to careless driving and formally cautioned and charged him with that ...
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Crown Appeal under section 174 of the criminal Procedure (Scotland) Act 1995:- The respondent appeared on summary complaint that contained a charge of careless or inconsiderate driving contrary to section 3 of the Road Traffic Act 1988 at the instance of the appellant and was prosecuted in Aberdeen Justice of the Peace Court. The charge was brought following a report to the police by a Justice of the Peace who sits regularly in that court and was a principal Crown witnesses. Due to th ...
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Criminal Note of Appeal Against Sentence:- On 19 December 2008, the appellant was convicted, after trial, of a charge of assault with intent to rape and a charge of rape. Following conviction, the Advocate depute advised the sentencing judge that, in terms of section 210B of the Criminal Procedure (Scotland) Act 1995, a notice had been served on the appellant advising him that an application for a Risk Assessment Order would be made by the Crown. The Advocate depute mov ...
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Miscarriage of justice - In the Matter of an Application by Eamonn MacDermott for Judicial Review (Northern Ireland); In the Matter of an Application by Raymond Pius McCartney for Judicial Review (Northern Ireland)
Section 133 of the Criminal Justice Act 1988 (‘s 133’) provides that the Secretary of State for Justice shall pay compensation ‘when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice’. It was enacted to give effect to Article 14(6) of the International Covenant on Civil and Political Rights 1966 ...
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