By Euan Dow on 01/12/2005 00:00
Criminal:Appeal By Way of Stated Case
Appeal by way of stated case against verdicts of not guilty which were returned by the sheriff at Kirkcaldy in respect of four charges on a complaint against the respondent. Road Traffic Offence. Although the respondents evidence that he had not been the driver of a vehicle travelling at 156 mph in a 70 zone and whilst on his mobile phone was rejected the sheriff did accept his evidence to the effect that he had not received a notice of intended prosecution in respect of certain of the alleged o ...
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By Euan Dow on 30/11/2005 00:00
Appeals remitted to court of three judges in order that it may consider the implication of the practice of justices using sentencing guidelines which have been devised for that court.
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By Euan Dow on 25/11/2005 00:00
This appeal is concerned with the fact that when the indictment to which the accused pled partially guilty called before the presiding sheriff she in fact deferred sentence for one day beyond the four weeks that is allowed by section 201 of the Criminal Procedure (Scotland) Act.
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By Euan Dow on 25/11/2005 00:00
Sift Procedure: Significance of the requirement that the leave of the court is to be on cause shown in terms of Section (8) of section 107 of the Criminal Procedure Scotland Act 1995. "Where the arguable grounds of appeal are specified by virtue of subsection (7) above it shall not except by leave of the High Court on cause shown be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified".
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By Euan Dow on 18/11/2005 00:00
Appeal Against Conviction and Sentence:
The appellant was convicted of witnessing and countenancing criminal conduct by her co-accused towards her daughter Carlanicole Bone and willfully failing to protect her. A cumulo sentence of three years detention with a supervised release order of one years duration was imposed on the appellant. The grounds of appeal are that parental responsibility towards the deceased does not involve criminal responsibility for the failure to protect the child or to intervene in the assault perpetrated by th ...
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By Euan Dow on 17/11/2005 00:00
Punishment Parts affecting mandatory life prisoners. Case relates to the transitional provisions of the Convention Rights (Compliance) (Scotland) Act 2001 (the 2001 Act) (the 2001 Act). The present appeal is one of several transitional cases in which the appellant did not have a PRC date when the punishment part was imposed but where it might have been argued that he had reasonable cause to expect a review date earlier than would now be possible in consequence of the punishment part. The questio ...
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By Euan Dow on 16/11/2005 00:00
Criminal Appeal:
Appeal by crown against decision of Sheriff which sustained respondents plea in bar of trial. A letter was sent in error to the respondent by the PFs office stating that they were taking no further proceedings in his case. The letter bore the reference of another case. Thereafter the fiscals office wrote to the respondents agent stating that they intended to proceed and that the letter in question had been sent in error. The respondents solicitors lodged a plea in bar of trial on the basis that ...
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By Euan Dow on 15/11/2005 00:00
Criminal Appeal:
There are three grounds of appeal. The first is that evidence of an incriminating statement made by the deceased to two police officers was unfairly obtained and ought not to have been admitted by the trial judge. The second is an Anderson ground in which various criticisms are made of the solicitor advocate who defended the deceased. The third is that although the trial judge directed the jury on the question of onus of proof under section 28 of the Misuse of Drugs Act 1971 (the 1971 Act) accor ...
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By Euan Dow on 05/07/2005 00:00
Appeals against decision of sheriff to grant an appplication by the crown under section 65(3) of the Criminal Procedure Scotland Act 1995 for extension of the 12 month period. The appellant submit that the extension should not have been allowed as the crown had made no adequate arrangements to allow the trial to proceed within the time limit.
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By Euan Dow on 16/06/2005 23:00
Racial Assault:
The Solicitor Advocate for the appellant suggests that an amendment made by the crown which involved the deletion of the name of a particular footballer from the charge affected the issue as to the correct construction of section 50A(1)(b) of the Criminal Law (Consolidation)(Scotland) Act 1995. In this case a spectator in the crowd of a football match heard another supported shouting racial abuse at two players and being upset by this he reported it to the police. The appellant submits that the ...
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