By Euan Dow on 13/02/2008 10:23
Criminal Appeal Against Conviction:- In 2002 the appellant, a man in his fifties with no previous convictions, was convicted after trial at the High Court, of being concerned in the supplying of heroin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. At the close of the Crown case, defence counsel submitted that there was no case to answer in terms of section 97 of the Criminal Procedure (Scotland) Act 1995. That submission was rejected. The appellant was ultimately convicted by majo ...
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By Euan Dow on 13/02/2008 10:22
Crown Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The respondents appeared on complaint in relation to charges of breach of the peace aggravated by relgious prejudice. On 31 October 2006 at an intermediate diet the respondents lodged Devolution Minutes for which they requested a diet of debate which duly occurred on 15 November 2006. Those acting on behalf of the respondents made an application to the Procurator Fiscal for the names of various police officers involve ...
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By Euan Dow on 13/02/2008 10:17
Crown Appeal in Stated Case:- On 25 September 2006 the respondent was recorded driving his motor vehicle at a speed of 87mph on a stretch of road where the maximum permitted speed was 70mph. On 28 September 2006 the police sent out a notice of intended prosecution by recorded delivery to the respondent's registered address but it not received by the respondent (it appeared that the recorded delivery message had been lost by the Royal Mail before delivery). A complaint containing a charge of spee ...
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By Euan Dow on 06/02/2008 18:17
Criminal Appeal:- On 14 November 1983 the appellant was sentenced to three years' imprisonment for rape and on 25 March 1988 was sentenced to fifteen years' imprisonment for the rape of a sixteen year old girl. On 4 August 1998 the appellant was convicted after trial in the High Court at Inverness of the rape of a fifteen year old girl on 2 April 1998, within three months of the appellant having been released after serving ten years of his previous term of imprisonment. The appellant had also be ...
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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.& ...
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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.
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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 ...
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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 ...
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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 ...
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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 ...
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