Criminal Note of Appeal Against Sentence:- The appellant was convicted after trial on indictment at Dundee Sheriff Court on charges of:- (1) being concerned in the supply of heroin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971; (2) obstructing officers of Tayside Police in execution of their duty contrary to section 23(4)(a) of the Misuse of Drugs Act 1971; and (3) being in possession of a quantity of cannabis resin contrary to section 5(2) of the Misuse of Drugs Act 1971. All of t ...
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Criminal Note of Appeal Against Conviction:- Following trial at the High Court at Paisley on 15 August 2002 the appellant was convicted of a charge of assault to severe injury and a charge of rape. On 5 September 2002, the court sentenced the appellant to twelve years imprisonment to run from 15 August 2002, in cumulo in respect of the two charges. A number of grounds of appeal against his conviction were lodged one of which was to the effect that a miscarriage of justice had occurred ...
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Reference from Scottish Criminal Cases Review Commission:- On 22 November 2006 following a trial at Glasgow High Court the appellant was convicted of two charges of aggravated assault. The appellant was subsequently sentenced to an extended sentence of 8 years detention comprising a custodial term of 6 years and an extension period of 2 years in relation to charge one. In relation to the second charge he was sentenced to 18 months detention to run concurrently with the first charge. The appellan ...
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Criminal Note of Appeal Against Conviction:- On 12 October 2001 at Edinburgh High Court the appellant was convicted after trial of a charge of murder. After significant delay and protracted procedure a number of grounds of appeal were argued on behalf of the appellant:- (1) the appellant did not receive a fair trial as a consequence of prejudicial publicity both prior to and during his trial; (2) the trial judge erred in admitting, as hearsay evidence under section 259 of the Criminal Proce ...
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Appeal dismissed: The provisions of the Youth Justice and Criminal Evidence Act 1999 s.53 regarding the competence of witnesses to give evidence were clear and unequivocal and did not require reinterpretation, and a judge had been entitled to conclude that the competence of a four year old child to give evidence in relation to an allegation of rape had been established.
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Application refused: The need for a jury direction of the type from R. v Brown (Kevin) (1984) 1 B.C.C. 98970, [1984] C.L.Y. 624 would seldom occur and would not occur when what was alleged was a course of conduct. It was necessary only in those cases where two or more different ways of committing the same offence were alleged in the same count.
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Appeal allowed: A man who had pleaded guilty to possessing criminal property, namely a stolen car, after he had test-driven it had not "obtained property", so that a confiscation order should not have been made against him.
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Applications refused: Although the Criminal Justice Act 2003 Sch.21 para.10 was silent or unspecific in relation to cases of murder resulting from the misuse of knives, the purpose of the schedule was illustrative and not exhaustive. Accepting that the starting point would not normally be the same as that involving a firearm or explosive, nevertheless it would always be an aggravating feature in any case involving death or injury, that the death or injury had been inflicted with a knife.
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Criminal Note of Appeal Against Conviction:- On 14 November 2008, the appellant was convicted by a majority following a jury trial at Glasgow Sheriff Court of a contravention of section 4(2)(b) of the Misuse of Drugs Act 1971, namely the cultivation of cannabis. Here the appellant appealed against his conviction on two grounds:- (1) in relation to the sheriff's answer to a question from the jury; and (2) that no reasonable jury, properly directed, could have returned a guilty verdict i ...
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Criminal Note of Appeal Against Conviction:- On 15 January 2009, following jury trial at Ayr Sheriff Court, the appellant was convicted of assault to severe injury, permanent disfigurement and permanent impairment. The only eye witness evidence led at trial came from the complainer and a witness “Smith”, however, only the complainer identified the appellant as the perpetrator of the assault. During Smith’s evidence the procurator fiscal depute referred him to his police stateme ...
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