Parties and Background The complainers were six former pupils of Dalbeth Approved School, Bishopton. They alleged that they suffered abuse and assault at the hands of school staff between September 1970 and Jun 1971. The accused lodged preliminary pleas and devolution minutes. Parties’ Submissions Both accused submitted that their right to a fair trial under Article 6 ECHR had been compromised by the delay of 21 years since the alleged offences, the death of potential wi ...
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Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been charged on summary complaint with:- (1) a contravention of the General Food Regulations 2004, Regulation 4(d), Food Safety Act 1990, Section 16(1) and European Communities Act 1972, Section 2(2); and (2) a contravention of Regulation 17(1) of the Food Hygiene (Scotland) Regulations of 2006. A plea to the competency of the two charges was rejected by the sheriff and it is against ...
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On 19 October 2001, Gilbey, a British citizen, was arrested at Don Mueang Airport, Thailand, with a travelling bag containing 3.3kg of high-purity heroin. Following a trial that lasted a number of months Gilbey, on 19 September 2002, was convicted of drug-trafficking offences and was sentenced to the death penalty which was subsequently commuted to life imprisonment backdated to 19 October 2001. He was held in Thai prisons until his repatriation to the United Kingdom and his trans ...
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Criminal Appeal under section 74 of the Criminal (Procedure) Scotland Act 1995:- The respondents have been indicted to Aberdeen Sheriff Court on a number of charges including inter alia:- "On 30 May 2008 at 28 Newton Road, 96 Cummings Park Circle, and elsewhere in Aberdeen you COLIN STEWART and LEE DONALD STEWART did abduct John Wright McPherson Leaper ... and detain him against his will and assault said [John Leaper] and repeatedly strike him on the head and body with a baseball bat and a metal ...
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Under the Criminal Justice Act 2003 s.240A, where an offender had spent time on bail subject to a curfew of nine hours or more in any given day coupled with an electronic monitoring condition, he was generally entitled to an order to the effect that half the number of days spent on bail subject to those conditions should count as time served by the prisoner as part of his sentence. However, in passing sentence a trial judge should take no account of an electronically monitored curfew that fell s ...
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References allowed: When sentencing for manslaughter following a violent attack on a defenceless victim in the street, specific attention should be paid to the consequences of the crime. Crimes which resulted in death should be treated more seriously.
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Preliminary hearing; This case involved an indictment of three accused on charges including serious sexual abuse and rape of two complainers. The two complainers were, at the time of this hearing, around 12 and 13 years of age. At the preliminary hearing, the accused made representations about the reliability of the complainers' evidence and sought to have it held inadmissable. The accused presented a Devolution Minute and a Minute of Notice. The Devolution notice stated that interviews of the c ...
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Criminal petition under section 272(1) of the Criminal Procedure (Scotland) Act 1995 :- The respondent appeared on indictment at a preliminary hearing in respect of twenty charges including eighteen charges of either of fraud or theft in which it is alleged that the respondent obtained entry to the home of an elderly person by means of deceit. Here the Crown sought by way of a petition in terms of Section 272(1) of the Criminal Procedure (Scotland) Act 1995 to take the evidence of five witnesses ...
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Admissibility of Police Interview:- The Accused has been indicted on a charge of culpable homicide involving the administration of heroin to Ross Brown, and three charges of supplying controlled drugs contrary to the Misuse of Drugs Act 1971. A trial has been set down for November 2009 and here the court considered the admissibility of statements made by the Accused to police officers under tape recorded conditions following his detention. The objection to the admissibilty of the Accused's polic ...
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An offender who had made an unqualified guilty plea to a charge of conspiracy to supply Class A drugs and had declined to challenge the facts by way of a Newton hearing was entitled to challenge the prosecution evidence at the confiscation proceedings.
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