By Euan Dow on 29/08/2006 21:00
Criminal Appeal against Extension of 12 month Time
The appellant appealed against a decision of a sheriff to grant the Crown an extension under section 65(3) of the Criminal Procedure (Scotland) Act 1995 of the period of twelve months within which to prosecute him on three charges of lewd, indecent and libidinous practices. The 5 bench court here considered whether the 2 stage test outlined in HM Adv v Swift, 1984 JC 83, should continue to apply. The test was:- (1) the court had to consider whether the Crown had shown a reason that might be suff ...
|
By Euan Dow on 16/08/2006 23:00
Criminal Note of Appeal Against Conviction - Provo
On 15 May 1998 the appellant was found guilty by a majority verdict on the following charge:- "(5) on 13 January 1998, in a lane between 36 and 38 Balbardie Crescent, Bathgate, you did assault Gary George Allan Johnstone, aged 25 years, 77 Balbardie Avenue, Bathgate and strike him repeatedly on the head, face and body with a spade and you did murder him and you did previously evince malice and ill-will towards him." The appellant was sentenced to life imprisonment, to run from 13 January 1998. O ...
|
By Euan Dow on 09/08/2006 23:00
On 26 July 2004 in the High Court at Glasgow the appellants, together with two co-accused, went to trial on an indictment containing a section 4(3)(b) Misuse of Drugs Act 1971 charge. On 29 July, after there had been a trial within a trial on the first and second day and after the evidence of a number of witnesses had been heard in the trial itself, each of the appellants tendered pleas of guilty to an amended charge. On 18 August 2004 the judge passed the following sentences:-Joseph Wright: 21 ...
|
By Euan Dow on 04/08/2006 00:00
Petition - Recovery Order in terms of Section 266
(2) the inference can be rebutted by the respondents (3) that the respondents should be in possession of information and material from which they can show, in detail, where their income and property came from. and specific pleadings should be expected from the respondents. The respondents contended that (1) It was necessary to consider what the petitioners must prove in order to link unlawful conduct with property derived therefrom (2) The respondents contended that where legitimate sources of i ...
|
By Euan Dow on 28/07/2006 00:00
Criminal 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 from 6 November 2003. The appellant appealed against conviction and sentence. On 8 March 2006 the appeal against conviction was ...
|
By Euan Dow on 03/07/2006 22:00
Criminal Appeal - section 74(1) Criminal Procedure
The appellants presently face a complaint at Selkirk Sheriff Court libelling two charges of a contravention of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999. The appellants intimated pleas to the competency and relevancy of the charges. Following the decision of the sheriff at first diet the appellants appealed. The appeal was on two grounds. First, it was said that the Sheriff erred in failing to sustain the objection in that section ...
|
By Euan Dow on 03/07/2006 21:00
Criminal Appeal - section 74(1) Criminal Procedure
The appellants presently face a complaint at Selkirk Sheriff Court libelling two charges of a contravention of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999. The appellants intimated pleas to the competency and relevancy of the charges. Following the decision of the sheriff at first diet the appellants appealed. The appeal was on two grounds. First, it was said that the Sheriff erred in failing to sustain the objection in that section ...
|
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 ...
|
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 ...
|
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 ...
|
| 1 2 3 4 5 |