Application for leave to lodge a late intimation of intention to appeal:- The applicant was convicted of rape in January 2009 and was sentenced to a term of six years' imprisonment. Here the applicant applied under section 111(2) of the Criminal Procedure (Scotland) Act 1995 for an extension of the period of time within which to lodge an intimation of intention to appeal against conviction. The issue here related to evidence which was led at the trial of an interview which the applica ...
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Criminal Note of Appeal Against Conviction:- On 8 April 2010 at the High Court at Glasgow the appellant was convicted of a charge of rape. At the trial the Crown relied on the appellant's police interview, which was conducted without the appellant having had the benefit of legal advice. Here, pending the decision of the Supreme Court in Jude and Others v H.M.A. 2011 SLT 722 in relation to waiver, the court considered whether, without the evidence of the police interview, there would have been:- ...
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Criminal appeal under section 174(1) of the Criminal Procedure (Scotland) Act 1995:- This was an appeal by both appellants following the sheriff's decision following a debate at which evidence was led, to repel pleas in bar of trial and refuse associated devolution minutes at the instance of both appellants. The minutes related to entrapment. The circumstances related to "Test Purchase Officers" on 6 February 2010 being instructed to attend a nightclub to make enquiries regarding ...
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Criminal Note of Appeal Against Conviction and Sentence:- On 24 April 2009 the appellant was convicted of the following:- "on 12 September 2007 at the Eastgate Centre, Eastgate, Inverness you did assasult John Morrison, formerly residing at 31 Dalneigh Road, Inverness and did inject him with an excessive quantity of Diamorphine...and you did murder him". The appellant was sentenced to life imprisonment with a punishment part of 13 years. The appellant appealed against his conviction and se ...
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Crown Note of Appeal Against Sentence:- On 28 February 2011, in the High Court at Glasgow, the respondent, a Spanish national, pled guilty to a contravention of section 1 of the Road Traffic Act 1998. The plea was tendered at the first preliminary hearing. On 29 March 2011following the production of a social enquiry report and a medical report the sentencing judge imposed a community service order for the maximum period of 300 hours, disqualified the respondent ...
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Bill of Suspension:- The complainers were indicted to the Sheriff Court at Glasgow on a charge of fraud. The Crown intends to present evidence which includes material recovered in a search of a house at 70 Thrashbush Road, Wishaw, a property occupied by the first complainer. The search was carried out in terms of a warrant granted by the sheriff at Glasgow on 4 August 2008. The issue here was whether the sheriff had jurisdiction to grant the warrant on the ground that the sheriff lacked jur ...
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Bill of Suspension:- On 30 August 2007 the complainer was convicted of racially aggravated conduct contrary to section 50A (1)(b) and (5) of the Criminal Law (Consolidation) (Scotland) Act 1995. The appellant was admonished. Following lengthy procedure an application for an extension of time to lodge an appeal by stated case was refused. Subsequently an application was made to the Scottish Criminal Cases Review Commission for review of the conviction. Following further procedure it was considere ...
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Criminal Note of Appeal Against Conviction:- On 23 September 2010, following trial on indictment at Glasgow Sheriff Court, the appellant was found guilty of being in possession of a knife in a public place contrary to section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995. The appellant was sentenced to two years imprisonment from 28 June 2010. Section 49(4) provides a statutory defence which provides:- "It shall be a defence for a person charged with an o ...
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Criminal Note of Appeal Against Conviction and Sentence:- The appellant pled guilty at Dumfries Sheriff Court to charges of driving a motor vehicle while uninsured and disqualified from driving contrary to section 143(1) and (2) and section 103(1)(b) of the Road Traffic Act 1988. Following trial the appellant was also found guilty by the jury of causing death by driving a mechanically propelled vehicle, and at that time was driving the circumstances were such that he was committing an ...
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0 0 1 313 1788 Faculty of Advocates 14 4 2097 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction:- On 17 September 2010 at the High Court at Glasgow the appellant was found guilty after trial of a charge of murder, a charge of attempted murder and a charge of attempting to defeat ...
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