By Euan Dow on 13/12/2006 00:00
Criminal -Appeal
Appeal by way of stated case against a conviction after trial on a charge that “..... on a date between 01 April 2005 and 8 April 2005, exact date unknown, …you …. did conduct yourself in a disorderly manner approach Kirsty Spence and Paula Mitchell, both c/o Strathclyde Police, seize said Kirsty Spence by the hand, refuse to release her hand, utter sexually explicit comments, invite said Kirsty Spence and Paula Mitchell to attend at a house with you, place them in a state of fear and alarm and ...
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By Euan Dow on 12/12/2006 00:00
Note of Appeal Against Conviction
The appellant was convicted at Edinburgh Sheriff Court on 18 November 2004 by a majority verdict of the jury on the charge that on 5 February 2004 at Swan Crescent, Gorebridge, he assaulted Daryl Neil Holgate by striking him on the body with a knife to his injury. He claimed he was acting in self-defence, he having been assaulted by the complainer. On 10 January 2005 he was sentenced to 3 years probation and 200 hours of unpaid work in the community. The 14 grounds of appeal amounted to the sher ...
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By Euan Dow on 07/12/2006 00:00
Criminal Note of Appeal re section 71(2) and devol
The appellant was indicted, along with two co-accused, in the Sheriff Court at Dunoon on a charge of assault to severe injury, permanent disfigurement and permanent impairment. At a first diet she gave notice by minute of a preliminary issue in respect of an objection to the admissibility of certain evidence. By her minute she contended that a line of evidence pertaining to her identification by the complainer at a specified identification parade should not be admitted in evidence. The sheriff r ...
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By Euan Dow on 29/11/2006 00:00
Petition for an Order under section 1 of the Vexat
Here the petitioner sought an order under section 1 on the basis that:- " ... no legal proceedings shall be instituted by the respondent in the Court of Session, Sheriff Court or any other inferior court unless the respondent first obtains leave of a judge sitting in the Outer House of the Court of Session, having satisfied such a judge that such legal proceedings are not vexatious and that there is a prima facie ground for such proceedings in terms of section 1 of the Vexatious Actions (Scotlan ...
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By Euan Dow on 21/11/2006 00:00
Appeal to Sheriff Principal - condictio causa data
The Sheriff found in fact and law that the appellant had been unjustly enriched by the taking of a pro indiviso share in the property known as Eldamar in contemplation of her contributing financially by applying the free proceeds of the sale of her house, when sold, to paying off the outstanding mortgage on the property and, that basis having failed to materialise, the appellant having obtained decree for division and sale in respect of Eldamar and having exposed for sale, the respondent was ent ...
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By Euan Dow on 20/11/2006 00:00
Criminal Appeal Against Sentence
On 5 June 2006 at Perth Sheriff Court the appellant pled guilty to a charge of assault with intent to rob, committed while he was a prisoner in Perth Prison. He was sentenced to 5 years imprisonment to run consecutively to a sentence imposed on 21 October 2005. That sentence was an extended sentence of 12 years, of which the custodial term was 9 years and and (c) append to the interlocutor a note of his reasons for the remit,... ". It was submitted for the appellant that (1) the sentence was inc ...
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By Euan Dow on 15/11/2006 00:00
Note of Appeal under section 74(1) of the Criminal
This was an appeal against a ruling by the trial judge on a preliminary issue raised by the appellant before him by way of minute relating to to the legality, or otherwise, of the second of two periods of detention by the police undergone by the appellant under section 14 of the 1995 Act on 8 July 2005 and the consequent admissibility or otherwise of the evidence obtained at that interview. It was submitted that the second period of detention was unlawful and the evidence arising therefrom shoul ...
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By Euan Dow on 14/11/2006 00:00
Proceeds of Crime Act 2002 - Reclaiming Motion
Here the petitioners sought an interim administration order in terms of Chapter 2 of Part V of the 2002 Act and warrant for inhibition and arrestment. By an interlocutor dated 28 February 2006, the Lord Ordinary sustained the petitioners' single plea in law and repelled the first named respondent's preliminary plea, appointing the proceedings then to be called in the By Order roll. Against that interlocutor the first named respondent reclaimed. Senior counsel for the first named respondent invit ...
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By Euan Dow on 14/11/2006 00:00
Criminal - Application under section 107(8) Crimin
On 21 January 2005 the applicant was convicted after trial in the High Court at Edinburgh of the murder of Jodi Jones. A Note of Appeal containing twelve grounds of appeal against conviction and one against sentence was lodged. A single judge, acting under section 107(1) of the Criminal Procedure (Scotland) Act 1995, granted leave to appeal against conviction and sentence but specified as arguable grounds of appeal against conviction only six of the grounds set forth in the Note, namely, grounds ...
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By Euan Dow on 10/11/2006 00:00
Criminal Note of Appeal against Conviction & Sente
The appellant, along with John Thomas McCormack, was indicted on two charges, the first a charge of murder and the second a charge of attempting to pervert the course of justice. On 26 November 2004 at the High Court in Glasgow, he was found guilty by a majority verdict of the jury on both of these charges. There wre 5 grounds of appeal against conviction:- (1) that the trial judge wrongly dismissed an objection to the line of evidence taken by defence counsel and allowed irrelevant and prejudic ...
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