Criminal Note of Appeal Against Conviction:- On 19 March 2009 at Greenock Sheriff Court the appellant was convicted after trial on indictment of the following charge:- "On 5 January 2008 at Balfour Street, Port Glasgow, you ... did assault Margaret McIlvenny, aged 89 years, … and seize hold of her handbag containing a purse, personal items, a quantity of groceries and £30 or thereby of money and cause her to lose her balance and fall against a wall there and rob her of ...
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Case involving the police, the Gestapo and some inappropriate humour. All we need is “ze fallen Madonna with ze big boobies” and it could be an episode of Allo, Allo. Instead, it is a case concerning an appeal by the Procurator Fiscal of Aberdeen against a sheriff’s decision on the grounds of bias. The respondent, Chief Inspector Thomas Forrester was charged with dangerous driving [1] after allegedly instructing a constable driving a police car, in which he was travelling ...
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Criminal Note of Appeal Against Conviction:- On 23 July 2008 the appellant was detained under section 14 of the Criminal Procedure (Scotland) Act 1995 in relation to a charge of willful fire-raising and interviewed under caution. In the course of that interview he made certain self-incriminating comments. The appellant was subsequently indicted on charges of theft of a motor vehicle and wilful fire-raising to a first diet at Arbroath Sheriff Court on 17 March 2009. On 27 Ma ...
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Criminal Note of Appeal Against Sentence:- On 31 October 2008 at Glasgow Sheriff Court the appellant pled guilty on indictment to a charge of breach of the peace which related to a variety of conduct that amounted to the “stalking” of a female G.P. and the possession of “pepper spray” contrary to section 5(1)(b) of the Firearms Act 1968 as amended by the Transfer of Functions (Prohibited Weapons) Order 1968. After the appellant pled guilty, the case was adjourned fo ...
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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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