By Euan Dow on 20/06/2006 00:00
Note of Appeal against Conviction and Sentence
The appellant was charged on indictment with:- "On 20 December 2003 at Penicuik Public Park, Carlops Road, Penicuik, Midlothian you ... did assault Richard Taylor ... and did repeatedly punch him on the head and repeatedly strike him with a brick or other similar instrument on the head all to his severe injury and the danger of his life." The appellant went to trial before a sheriff and jury at Edinburgh Sheriff Court. He adhered to a special defence which stated that "he was acting in self-defe ...
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By Euan Dow on 06/04/2006 22:00
Criminal - Petition to the nobile officium
On 12 July 2002 a trial had commenced in the High Court of Justiciary at Glasgow on an indictment brought against the petitioner (who was on remand), and his 2 co-accused (who were on bail). It was presided over by a particular judge (hereinafter referred to as "the judge in question"). The diet called on 17 July 2002, when one of the petitioner's co-accused did not appear. The following day after the co-accused could not be located the court granted a warrant to apprehend the co-accused. The co ...
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By Euan Dow on 09/03/2006 00:00
Criminal Appeal
On 16 August 2004, the first day of a sitting at Edinburgh High Court, the appellant pled guilty to a charge of murder. The appellant was sentenced to be detained without limit of time and fixed a punishment part of 18 years. The sentencing judge took the view that this was a "horrific and brutal" murder. It involved breaking into the victim's house in the early hours of the morning armed with a knife and savagely stabbing the victim 40 times. When the first knife broke, the appellant armed hims ...
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By Euan Dow on 08/03/2006 00:00
Criminal Appeal - Note of Appeal
On 6 November 2003 at the High Court in Edinburgh the appellant was convicted of a charge of breach of the peace and a charge of incitement to murder. The charge of breach of the peace involved the uttering of threats against the appellant's son-in-law, Abdullah Yaseen and members of his family. On 4 December 2003 the appellant was sentenced to seven years imprisonment in cumulo with effect from 6 November 2003. The grounds of appeeal were:- "The trial judge erred in refusing a motion to adjourn ...
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By Euan Dow on 07/03/2006 00:00
Petition to the Nobile Officium
In October and November 2000, the petitioner was tried in the Sheriff Court at Perth on an indictment on a charge of inter alia conspiracy to break in to a house but the charge did not aver any intention to steal. He was convicted of that, among other, charges. He appealed against conviction to the High Court of Justiciary. On 6 November 2002 the court refused his appeal. The ground of appeal argued before the court was that the conviction of the appellant constituted a miscarriage of justice in ...
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By Euan Dow on 01/03/2006 00:00
Criminal Appeal by Stated Case Possession of "offe
The Appellant was found guilty at Glasgow Sheriff Court in relation to a charge:- "On 4 March 2004 at 600 Aikenhead Road, Glasgow he did without lawful authority or reasonable excuse have with him in a public place an offensive weapon, namely a wooden truncheon Contrary to the Criminal Law (Consolidation)(Scotland) Act 1995 section 47(1)" (the Act). The questions posed for the court here were:-"1. Did the Sheriff err in finding that the respondent had disproved that the appellant had a reasonabl ...
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By Euan Dow on 28/02/2006 00:00
Criminal Appeal Against Sentence
- On 19 July 2005 at a preliminary hearing in the High Court at Glasgow the appellant tendered a plea of guilty to a charge of contravening Section 2 of the Road Traffic Act 1988. Some of the driving concerned involved driving at speeds of 140mph. The Judge at first instance remarked "To drive at speeds in excess of 140 mph, to overtake (and collide with) a car while partially on the central reservation, to drive through a red light and overtake stationary traffic again while on a central reserv ...
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By Euan Dow on 23/02/2006 00:00
Criminal Appeal by Stated Case by Crown re Non-Dis
-The Accused pled guilty to a contravention of Section 3 of Road Traffic Act 1988 after having originally appeared on complaint in relation to a Section 2. The accused received 4 penalty points which added to the 9 on his licence would have, ordinarily, resulted in his disqualification for a period of 6 months under the "totting up" procedure . However, in the plea in mitigation it was submitted on behalf of the accused that if he were disqualified his rehabilitation would be advserely affected ...
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By Euan Dow on 25/01/2006 00:00
Criminal Appeal - Bill of Advocation - Sheriff's d
On 5 August 2005 the respondent in this Bill of Advocation appeared at Paisley Sheriff Court for trial on a charge of having contravened section 7 of the Road Traffic Act 1988 on 19 March 2005. Albeit there had been an intermediate diet on the 21 July 2005 (at which there was no indication of Crown witness difficulties) the 5 August 2005 was the first time the case had called for trial. The Crown required two police witnesses, one of whom was present, one of whom was at a course but was on "Stan ...
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By Euan Dow on 24/01/2006 00:00
Criminal Appeal - Evidence- Moorov Doctrine:
On 31 March 2004 the appellant was convicted on indictment at Glasgow Sheriff Court of four statutory charges of lewd, indecent and libidinous practices and one charge of indecent assault. The complainers were four girls each of whom was a pupil at a secondary school where the appellant was a teacher. The charges of which he was convicted were (1) a charge of lewd, indecent and libidinous practices against LM, committed at the school and at an address in the same town on various occasions betwee ...
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