By Euan Dow on 11/10/2007 09:01
Criminal Note of Appeal Against Conviction & Sentence:- On 20 June 2003, at the High Court in Edinburgh, the appellant was found guilty of ten out of fourteen charges following trial. The appellant was a member of the de la Salle Order. Following training, the appellant took his vows in 1959, after which he went to work at St Ninian's School, Gartmore, an approved school, where he worked between 1961 an 1969. The appellant was a welfare officer. In relation to the ten charges of which he was ...
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By Euan Dow on 27/09/2007 08:29
Criminal Appeal Against Conviction:- On 28 April 2005 the appellant was convicted of rape after trial. The appellant appealed against his conviction on the basis of section 106(3)(b) of the Criminal Procedure (Scotland) Act 1995 namely that "there has been a miscarriage of justice in respect that the verdict returned by the jury was one which no reasonable jury, properly directed, could have returned..." In particular the appeal related to (1) the incredible and unreliable evidence of the compla ...
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By Euan Dow on 11/09/2007 11:33
Criminal Note of Appeal Against Conviction and Sentence:- On 12 July 2004 the appellant pled guilty to inter alia "on 16 August 2003 at Kilmorie Drive at its junction with St Blane's Drive, Rutherglen, you did assault Simon George Weir .... and did drive motor vehicle registered number P12 KET at him, cause said motor vehicle to strike him causing him to fall to the ground, and repeatedly drive said motor vehicle over his body all to his severe injury and permanent disfigurement and you did atte ...
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By Euan Dow on 22/08/2007 17:00
Criminal Appeal by Stated Case by Procurator Fisca
The appeal here related to three separate complaints in each of which the respondent had been charged with having committed a breach of the peace at a football match, racially aggravated in terms of section 96 of the Crime and Disorder Act 1998. In each case, at the conclusion of the Crown evidence, there had been a submission, in terms of section 160 of the Criminal Procedure (Scotland) Act 1995, that there was no case to answer on the basis that the evidence was insufficient to establish the c ...
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By Euan Dow on 07/05/2007 23:00
Criminal Appeal Against Conviction & Sentence - Moorov Doctrine
On 13 May 2004 the appellant was convicted by majority at the High Court at Glasgow of four charges, namely, (1) lewd, indecent and libidinous practices and behaviour; (2) a contravention of Sexual Offences (Scotland) Act 1976, section 5; (3) a contravention of Sexual Offences (Scotland) Act 1976, section 4; and (4) lewd, indecent and libidinous practices and behaviour. On 10 June 2004, the appellant was sentenced to a total period of seven years imprisonment, five years being in respect of char ...
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By Euan Dow on 02/03/2007 00:00
Criminal Note of Appeal against Sentence:
The appellant was convicted at Aberdeen High Court on 21 February 2006, following trial on a charge of contravening section 1 of the Road Traffic Act 1988. On 14 March 2006 the trial judge imposed a sentence of five years imprisonment. He also disqualified the appellant from holding a driving licence for a period of ten years and until he passed the extended test of competence to drive. It was submitted on behalf of the appellant that the sentence imposed by the trial judge was excessive and ina ...
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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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