By Rachel Henry on 24/01/2008 14:49
Appeal - The respondent had been indicted in respect of alleged contraventions of the Misuse of Drugs Act 1971. At the first diet the respondent lodged a minute in terms of section 79 of the Criminal Procedure (Scotland) Act 1995 objecting to the admissibility of evidence of three named Crown witnesses as this would constitute a contravention of section 4(3)(a) of the 1971 Act. Accordingly, the evidence of the three witnesses would, in terms of HM Advocate v Cormack be inadmissible.& ...
|
By Rachel Henry on 24/01/2008 14:46
This was an appeal against a decision of Lord Bracadale in respect of a preliminary issue as to the competency, or relevancy, or both of the charges of breach of the peace that had been brought against the appellant. The matter raised was that the issues raised in the two charges should go for determination by a jury at trial. The Court had to consider whether the charges were competently brought.
|
By Andrew Logie on 17/01/2008 14:46
Bill of Advocation – Appeal Court, High Court of Justiciary – Petition to nobile officium/order of pro loco et tempori substitution for proceedings simplicator. Case involved indictment of complainer on six charges including murder by shooting and assault by presenting a fire-arm. Charge 6 was a charge of attempting to pervert the course of justice. Crown witnesses had been warned about lines of cross-examination which were likely to arise. Discussed test of whether re-trial woul ...
|
By Martin Crawford on 17/01/2008 13:32
Appeal – section 65(8) Criminal Procedure (Scotland) Act 1995 – appealed extension of time limit for commencement of Trial and extension of time limit for detention under Section 65 of 1995 Act. This case involved indictment of appellant on six charges including murder by shooting and assault by presenting a firearm. Evidence from key witness contained in Crown statement. Important passage in statement “redacted” and obscured from vision. Written copy of statements reve ...
|
By Rachel Henry on 10/01/2008 17:31
Appeal – Three appellants - The appellant McDonald was convicted of murder and of various firearms offences and was appealing against that conviction. The appellant Dixon convicted of murder and of attempting to defeat the ends of justice. He was appealing against conviction and sentence. The appellant Blair was convicted of murder. He was appealing against conviction. In each of these appeals the appellant had lodged a petition for recovery of documents. Associated with the pe ...
|
By Rachel Henry on 10/01/2008 14:30
In these two appeals the court considered the law and practice of the backdating of sentences passed on persons prosecuted in solemn proceedings who have spent time in custody continuously from the date of committal for further examination to the date of conviction and the date (if different) of sentence. If the sentence is to be backdated, it considered if it should be to the date of committal for further examination, or to the date of committal until liberated in due course of law (full commit ...
|
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 ...
|
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 ...
|
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 ...
|
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 ...
|
| 1 2 3 4 5 6 7 8 9 |