The Claimant was charged with an offence of battery and bailed to appear at the Epping Magistrates' Court on the 1st September 2010. On that date the Appellant entered a not guilty plea and the advocates completed a case progression form with a view to the future management of the case. Amongst the entries endorsed upon the form by the then Defence advocate was "assault on def by Complainant...only contact made was in self-defence" thereby informing the Court and the Prosecution that the Claiman ...
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The Appellant was on bail to attend the Crown Court for a plea and case management hearing on the 1st March 2011. On the 1st March 2011 the Appellant attended at the Crown Court and met his advocate. The advocate duly informed the usher that the Appellant was in attendance. The Appellant and his advocate then had a conference, which concluded at approximately 11.30 hours. When the case was mentioned in Court, at 12.45 hours, it was discovered that the Appellant had left the Court building. After ...
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On the 16th December 2010 the Appellant was made the subject of a suspended sentence order (the operational period of which was two years) for offences of dwelling-house burglary and criminal damage. On the 7th February 2011 the Appellant committed another offence of dwelling-house burglary. On the 13th May 2011 the Appellant appeared to be sentenced for the offence of dwelling-house burglary committed on the 7th February 2011 and for breach of the suspended sentence order. The Appellant was sen ...
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Criminal Note of Appeal Against Conviction:- On 26 January 2011 at Glasgow Sheriff Court, the appellant was found guilty unanimously and by direction of the trial sheriff of a contravention of section 47(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely, having with him an offensive weapon, a broken bottle, in a public place without lawful authority or reasonable excuse whilst on bail. On 21 February 2011, the appellant was sentenced to eight months imprisonment from 14 Oct ...
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Criminal Appeal Against Sentence:- On 16 August 2011, at a trial diet at Edinburgh Sheriff Court, the appellant pled guilty to two charges of breaking into office premises and stealing £3,000 of computer equipment. He also pled guilty to the theft of a car and subsequent contravention of section 2 of the Road Traffic Act 1988 whilst pursued by the police. The latter two offences were committed whilst the appellant was on bail. The appellant also pled guilty to a breach of curfew. The&n ...
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Criminal Appeal Against Sentence:- On 28 March 2010 the appellant pled guilty to two charges of writing graffiti on a wall whilst subject to an Anti Social Behaviour Order and the second was a breach of that ASBO by having a can of spray paint with him. The appellant was put on probation for a year, but breached that on two occasions. On 10 August 2011, the appellant pleaded guilty to six further charges of graffiti writing at various locations, including the walls of commercial premis ...
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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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