By Euan Dow on 31/10/2006 00:00
Criminal Appeal Against Conviction
The appellant was convicted at Paisley Sheriff Court on 12 November 2004 by a unanimous verdict of the jury of assault to severe injury and breach of bail conditions, and on 14 December 2004 he was sentenced to 3 years imprisonment, 3 months of which were attributable to the bail aggravation. Leave to appeal against conviction was granted on appeal to the second sift judges on 25 May 2005. The single ground of appeal was:- "that there was a miscarriage of justice in respect that the jury, having ...
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By Euan Dow on 10/10/2006 23:00
Note of appeal against conviction & sentence, appe
The convictions by temporary sheriffs here took place, and the sentences were imposed, prior to the commencement of the Scotland Act 1998. It was not disputed that, had the convictions taken place and the sentences been imposed after the commencement of the Scotland Act, they would have been invalid on the ground that a temporary sheriff was not an independent and impartial tribunal as guaranteed by article 6 of the European Convention on Human Rights and the prosecutions to conviction and sente ...
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By Euan Dow on 10/10/2006 23:00
Note of appeal against conviction & sentence, appe
The convictions by temporary sheriffs here took place, and the sentences were imposed, prior to the commencement of the Scotland Act 1998. It was not disputed that, had the convictions taken place and the sentences been imposed after the commencement of the Scotland Act, they would have been invalid on the ground that a temporary sheriff was not an independent and impartial tribunal as guaranteed by article 6 of the European Convention on Human Rights and the prosecutions to conviction and sente ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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