By Euan Dow on 02/02/2007 00:00
Criminal Appeal Against Conviction and Sentence- Knowledge of Possession
On 7 October 2005 at Glasgow Sheriff Court the appellant was found guilty as libelled by a majority verdict on four charges relating to contraventions of the Firearms Act 1968. In the livingroom of the appellant's flat a rucksack was lying on the floor next to a chair which was next to the television set. A police officer asked the appellant if the rucksack was his to which he replied "Aye - oh, I don't know." The rucksack was found to contain a number of incriminating items. The grounds of appe ...
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By Euan Dow on 24/01/2007 00:00
Appeal by stated case
In February 2003, the appellant, William Smith, was convicted for being concerned in the supplying of controlled drugs and sentenced to 5 years imprisonment. No appeal was taken against either conviction or sentence and he completed his sentence. In February 2003 the appellant completed an Application to Register to Vote form and a Postal Vote Application form. On enquiry from that officer he explained that he was not being held on remand but was a convicted prisoner. Acting in terms of section ...
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By Euan Dow on 19/01/2007 00:00
Criminal – Appeal
The appellant was indicted for trial on seven charges. This appeal concerned charge (7), "you…did have in your possession…prohibited weapon, namely a revolver and air cartridges." At the first diet, the procurator fiscal depute sought leave to amend the charge. The appellant was opposing the amendment on the basis that it would alter the character of the offence libelled and the penalty for the amended charge was higher. The respondent submitted that the essential character of the offence remain ...
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By Euan Dow on 10/01/2007 00:00
Criminal – Appeal under s.74 Criminal Procedure (Scotland) Act 1995
The six appellants were indicted together on an indictment which contained a single charge in the following terms: "On 28 May 2005 …. you did, whilst acting with others, form part of a mob of evilly disposed persons which acting of a common purpose did in particular … conduct itself in a violent, riotous and tumultuous manner to the great terror and alarm lieges and in breach of the public peace and did shout, throw bricks and bottles or similar instruments, run towards a group of persons to the ...
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By Euan Dow on 09/01/2007 00:00
Criminal - Appeal against conviction.
The appellant, along with four other persons faced an indictment containing three charges, which all arose out of a single incident that occurred on 10 March 2004 in Glasgow. Each charge affected all five accused. On 13 September 2004 in the High Court at Glasgow, after trial, the appellant was found guilty in respect of charge (1) and guilty of culpable homicide in respect of charge (3); charge (2) was found to be not proven against him. The appellant tabled grounds of appeal on the basis that ...
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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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