By Euan Dow on 28/11/2007 18:32
Criminal Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- In this case the appellant has been indicted in relation to various statutory offences related to indecent photographs or pseudo-photographs of children under the Civic Government (Scotland) Act 1982 and a single charge of breach of the peace. Two of the offences are alleged to have occurred on 18 February 2003 and the alleged in the remaining charges between 1 January 2000 and 18 February 2003. On 18 February 2003 ...
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By Euan Dow on 13/11/2007 18:54
Criminal - Petition and Bill of Suspension:- On 10 April 2001 the petitioner was called as a Crown witness at Paisley sheriff court in a trial on indictment. During the course of his evidence he was repeatedly warned regarding his failure to answer the questions put to him by the procurator fiscal depute and the procurator fiscal depute and the sheriff warned him several times about prevarication. The sheriff told him that he was considering making a finding of contempt. Thereafter a solicitor a ...
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By Euan Dow on 13/11/2007 18:52
Criminal Note of Appeal Against Sentence:- The appellant was convicted of culpable homicide and was sentenced to 8 years detention in a Young Offenders Institution. He appealed against that sentence. The appellant was indicted for murder and had offered in general terms a plea to culpable homicide, the charge that he was eventually convicted of. It was decided that this may be a case where guidance could be provided by the court under section 118(7) of the Criminal Procedure (Scotland) Act 1995) ...
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By Euan Dow on 06/11/2007 19:21
Criminal Note of Appeal Against Sentence:- At Forfar Sheriff Court the appellant pled guilty to a contravention of section 4(2)(a) of the Misuse of Drugs Act 1971, namely the production of cannabis between 10 February and 5 March 2007. Due to the plea being tendered at the first diet the appellant's sentence was discounted from 5 years' imprisonment to 3 years and 9 months. On leave to appeal being granted, this appeal was identified as a case in which it might be appropriate for the court to ex ...
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By Euan Dow on 01/11/2007 17:01
Criminal Note of Appeal Against Conviction and Sentence - Concert:- On 9 February 2004, after trial, the appellants were found guilty of inter alia a charge of attempted murder and each appellant was sentenced to 8 years imprisonment. The appellants appealed against their convictions on the basis that:- (1) the trial judge had erred in directing the jury on concert in that there was no evidence that the appellants either had a knife or had knowledge or grounds to suspect that a knife would ...
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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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