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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Preliminary Issue:- The first accused lodged a minute objecting to the admissibility of certain surveillance evidence. The evidence arose from observations of individuals carried out by police officers under the terms of Crown production 42 an authorisation of directed surveillance granted by a police superintendent in terms of the Regulation of Investigatory Powers (Scotland) Act 2000. At this evidential hearing the objection proceeded by way of a "trial within a trial". The issue raised on beh ...
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Parties to ancillary relief proceedings were not entitled to invoke the privilege against self-incrimination in order to withhold the disclosure of financial information and such information was to be treated as being obtained under compulsion and would be inadmissible as evidence for the purpose of other proceedings, but statements made in "without prejudice" discussions were admissible in subsequent criminal proceedings.
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The appropriate remedy for abuse of confiscation proceedings would normally be a stay of proceedings, but an abuse of process argument could not be founded on the basis that the consequences of the proper application of the legislative structure could produce an "oppressive" result.
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