By Euan Dow on 15/07/2008 17:40
Criminal Note of Appeal Against Sentence:- On 9 October 2007 the appellant pled guilty under section 76 of the Criminal Procedure (Scotland) Act 1995 to a contravention of section 5(1)(aba) of the Firearms Act 1968 in respect of a pistol found by the police locked in a safe in his house on 30 November 2006. Section 51A of the Firearms Act 1968 provides that, where a person over the age of 21 is convicted of an offence under section 5(1)(aba), the court shall impose a sentence of at least five ye ...
|
By Euan Dow on 15/07/2008 17:39
Criminal Note of Appeal Against Conviction:- On 5 October 2005 the appellant was convicted on indictment of two charges of sexual abuse of children. The Crown relied upon mutual corroboration of the two complainers who were aged 6-8 and 5-7 in respect of charges one and two respectively. At the trial, the defence was based on an attack on the credibility and reliability of the complainers' evidence and, as such, each complainer had to be accepted as credible and reliable as to the essentials of ...
|
By Euan Dow on 15/07/2008 17:38
Criminal Note of Appeal Against Conviction:- The court issued an opinion on 20 February 2008 on the appellant's original ground of appeal which related to sufficiency of evidence. In the course of those proceedings the court allowed the appellant to lodge an additional ground of appeal under section 106(3)(a) of the Criminal Procedure (Scotland) Act 1995. The additional ground related to the existence and significance of evidence which was not heard at the original proceedings. Fresh evidence wa ...
|
By Martin Crawford on 07/07/2008 08:53
Appeal of decision of Police Appeals Tribunal ('the tribunal'). S30 Police (Scotland) Act 1967. Regulation 20 Police (Conduct) (Scotland) Regulation 1996 (SI 1996/1642. The tribunal allowed an appeal of a decision by a misconduct hearing which had found the respondent, a police officer, guilty of one of three serious charges. He was found guilty at that misconduct hearing of having sex with a woman whilst she was asleep and against her will, and conducting himself in an oppressive and imposing m ...
|
By Martin Crawford on 07/07/2008 08:51
S1 Proceeds of Crime (Scotland) Act 1995 - s72(1) Value Added Tax Act 1994. Appeal of confiscation order made by sentencing judge under 1995 Act following a conviction under 1994 Act. Confiscation of property, the title of which was held by the minuters, Trust Union LLC, a company incorporated in Delaware, USA. Appellant held power of attourney in Trust Union and negotiated missives for purhase of a house. Held by the sentencing judge that inferences could be drawn that significant funding for t ...
|
By Martin Crawford on 07/07/2008 08:44
s210A Criminal Procedure (Scotland) Act 1995 - s92(2) Sex Offenders Act 2003. Appeal by three individuals of sentences following similar convitions. Convicted of acts of public indecency. Disputed whether public indecency constitutes sexual offence for the purpose of 2003 Act. Whether imposition of extended sentence competent and whether conviction entailed notification requirements (i.e notification within the 'sex offenders register'). Whether public indecency is a 'sub species' of shameless i ...
|
By Martin Crawford on 03/07/2008 14:51
Appeal against sentence for culpable homicide. Appellant pleaded guilty to charge of culpable homicide after driving dangerously and causing the death of a child and injury of her mother. Disputed whether starting point of 16 years sentence was too high. Whether period of 7 years to effect public protection was wrong in principal. Whether approach to discount correct and appropriate. Discount of twenty five percent applied to sentence.
|
By Claire Adams on 02/07/2008 14:01
In March 2005, the four appellants were convicted before a judge and jury of murdering Tyrone Clarke in April 2004. It was not alleged or proved that any of the appellants had personally struck the fatal blow or blows and they were convicted as accessories or secondary parties to the joint enterprise which culminated in the death of Mr Clarke. The Criminal Division of the Court of Appeal dismissed their appeals against conviction in February 2007. Their appeals to the House rai ...
|
By Martin Crawford on 26/06/2008 09:45
Appeal against conviction for attempted sodomy. Appeal on the grounds that moorov principle of mutual corroboration should not have been applied. Ground 1 of appeal was that separate acts of a sexual assault including digital penetration did not corroborate the charge of attempted sodomy. Ground 2 of appeal was that the Trial Judge had erred in directing the Jury that alleged attempted sodomy could be regarded as part of the same course of conduct as other charges involved. Appeal refused.
|
By Martin Crawford on 26/06/2008 09:35
Criminal appeal of conviction for rape. Appeal on the grounds that there had been a miscarriage of justice due to conduct of trial judge during Trial. Appellant admitted intercourse but denied that he had done so without consent. Averred by appellant that the complainer had claimed to be a virgin and that this may have been the reason for her distress following the incident, rather than rape. Medical evidence was produced by the complainer showing a previous sexual activity, without objection ...
|
| 1 2 3 4 5 6 7 8 9 10 ... |