By Euan Dow on 19/12/2007 18:01
Criminal Note of Appeal - Crown Appeal Against Sentence - Culpable Homicide:- On 19 October 2005 the respondent pled guilty to a charge of culpable homicide:- "On 22 February 2005 at Castle Terrace, Aberdeen, Denside of Catterline or elsewhere, whilst within motor car registered number P595 FSR, you did assault Susan Mary Third ... and did seize her by the neck, place your hands around her neck and compress same, place a ligature and compact disc carrier case or similar item against her neck and ...
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By Euan Dow on 13/12/2007 16:51
Application for Leave to Appeal to the Privy Council Under Paragraph 13 of Schedule 6 to the Scotland Act 1998:- On 20 June 2003 the appellant was convicted after trial at of a number of offences against children. The appellant appealed against the conviction and the appellant's appeal was refused by a majority of the Criminal Appeal Court. Thereafter an application was made on behalf of the appellant for leave to appeal to the Privy Council under paragraph 13 of Schedule 6 to the Scotland Act 1 ...
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By Euan Dow on 13/12/2007 16:50
Criminal Note of Appeal Against Conviction:- The appellants were convicted of the murder of James Connelly and a charge of attempting to defeat the ends of justice by concealing weapons and clothing used and worn at the time of the commission of the murder. Three grounds of appeal were insisted upon by the first appellant. Criticisms of the judge's charge were made in particular the trial judge's treatment of self-defence and provocation and of the basis upon which the jury might find that the f ...
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By Euan Dow on 06/12/2007 16:12
Criminal Note of Appeal Against Conviction and Sentence:-On 16 March 2004 at the High Court in Glasgow the appellant was found guilty by majority of murder. A number of grounds of appeal were lodged and argued here:- (1) that there was insufficient corroborative evidence to justify the case going to the jury there being only one eye witness to the attack, namely the deceased's father; (2) that the introduction of the identification evidence, namely that the principal eye-witness had seen the app ...
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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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