Criminal Note of Appeal Against Conviction and Sentence:- Following trial on indictment at Edinburgh Sheriff Court the appellant was convicted of two charges:- (1) an assault to severe injury, permanent disfigurement and permanent impairment; and (2) a contravention of section 27(7) of the Criminal Procedure (Scotland) Act 1995. He was sentenced to 54 months imprisonment in respect of charge 1 and three months imprisonment in respect of charge 2, which sentences were to be served cons ...
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Criminal Note of Appeal Against Conviction:- On 19 March 2010 at the High Court at Edinburgh the appellant and his co-accused Martin Black were convicted after trial of three charges including inter alia a charge of conspiring to assault and murder Kevin John Martin, c/o Lothian and Borders Police, Edinburgh by advising Iain Bower Gillespie “…that you intended to discharge a firearm at and kill said Kevin John Martin”…and… “have in your possession ...
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Criminal Note of Appeal Against Conviction:- On 13 September 2010 at the High Court at Dunfermline the appellant was convicted after trial of two charges of lewd, indecent and libidinous practices and behaviour towards his two nephews [M] and [D]. The complainer [M] spoke to all the acts libeled which involved him which began when he was aged about 10 and ended when he was about 13. The complainer [D] was about 15 years younger than [M]. He spoke to the acts libelled which involved him an ...
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Criminal Note of Appeal Against Conviction:- On 18 May 2010 at the High Court in Dundee the appellant was convicted of a charge of attempted murder and robbery. The issue in this appeal was whether the decision in Cadder v H.M.A. 2010 SLT 1125 had any application in the circumstances of the present case. Following the alleged commission of the offence the appellant was detained at around 11.50pm on 13 March 2009 and taken to Perth Police Office. At 4.20am he was arrested. He was cautioned ...
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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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