Case Summaries Up To February 2012
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By Euan A. Dow on 28/02/2012 13:32
0 0 1 503 2870 Faculty of Advocates 23 6 3367 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:- In this case the court considered generally sections 260 and 263(4) of the Criminal Procedure (Scotland) Act 1995 together with Jamieson v HMA (No. 2) 1994 SCCR 610 and the iss ...
By Euan A. Dow on 28/02/2012 13:30
0 0 1 526 3000 Faculty of Advocates 25 7 3519 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:- On 8 September 1967, the appellant pled guilty to the following charge:- "... you did ... on 26th or 27th May 1967… at ... assault … residing there, and did stab her with a k ...
By Euan A. Dow on 28/02/2012 13:28
0 0 1 508 2900 Faculty of Advocates 24 6 3402 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 15 July 2010, after a trial at the High Court in Glasgow, the appellant was convicted of a charge of murder . On 12 August 2010 he was sentenced to life imprisonment, with a ...
By Euan A. Dow on 28/02/2012 13:27
0 0 1 198 1129 Faculty of Advocates 9 2 1325 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;} Applications for an extension of time in which to apply for a stated case:- On 24 November 2011 the applicants were convicted after trial on summary complaint of a contravention of section 1(5)(a) of the Wildlife and Countr ...
By Law Brief Publishing on 23/02/2012 23:28
The Appellant sought to appeal against his conviction for an offence of theft on the basis that the trial Judge had wrongly permitted the Prosecution to rely upon a confession he made. The confession had been made by the Appellant to his employer from whom he was said to have stolen during the course of his employment. The Appellant's employer had informed the Appellant that, were he to confess, the situation could be resolved without the Police being involved. Having been given that unequivocal ...
By Law Brief Publishing on 23/02/2012 23:26
The Appellant accepted that a notice served pursuant to the Road Traffic Act 1988, s.172 was served at the registered address within the relevant period of time, but the Appellant regularly worked outside the jurisdiction and in his absence his post was dealt with by his wife, staff and/or private secretary. The Court accepted that the Appellant did not personally receive the relevant notice, nor was he informed of it and was therefore personally unaware of the requirement to provide the informa ...
By Euan A. Dow on 19/02/2012 08:27
0 0 1 481 2745 Faculty of Advocates 22 6 3220 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 and Appeal by Stated Case:- On 28 January 2010 at Aberdeen sheriff court the appellant pled guilty on indictment to a number of charges of breach of the peace which related to 28 instances of the appell ...
By Euan A. Dow on 19/02/2012 08:26
0 0 1 268 1534 Faculty of Advocates 12 3 1799 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 Appeal:- This appeal was heard with the appeals in Hay v HMA  [2012 HCJAC 28]. On 29 March 2010 at Dunfermline sheriff court the appellant was convicted after trial on summary complaint on the following charge:- " ...
By Euan A. Dow on 19/02/2012 08:25
0 0 1 294 1677 Faculty of Advocates 13 3 1968 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 Appeal:- This appeal was heard along with Hay v HMA [2012 HCJAC 28]. On 26 April 2010 at Edinburgh sheriff court the appellant appeared on complaint on the following charge:- "On … at … you ... did assault [ ...
By Euan A. Dow on 19/02/2012 08:24
0 0 1 216 1235 Faculty of Advocates 10 2 1449 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 Appeal:- This appeal was one of those heard with Hay v HMA [2012 HCJAC 28]. On 6 August 2010 at Falkirk sheriff court the appellant pled guilty on complaint to the following charge:- "On … at … whilst travel ...
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