By Euan Dow on 20/03/2008 17:08
Criminal Appeal Against Conviction:- The appellant was found guilty of a charge of attempted murder that included an averment that the appellant did "seize her by the head, struggle with her, push her head towards an open fire, ignite a quantity of fireworks causing them to explode and detain her in said cottage against her will all to her severe injury and you did attempt to murder her." There were two grounds of appeal argued both of which arose from parts of the judge's charge. The first rela ...
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By Euan Dow on 12/03/2008 11:20
Criminal Note of Appeal Against Conviction:- On 15 June 2006 the appellant was convicted of:- "On 17 or 18 January 2006 at 88 Creag Dhubh Terrace, Inverness you ... and Thomas James Allan did assault Brian Cooper residing there and did repeatedly punch and kick him on the head and body, repeatedly stamp on his head and body, stand on his head, repeatedly strike him on the body with a metal instrument, place a pillow over his head and compress same restrict his breathing, struggle with him and di ...
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By Euan Dow on 12/03/2008 11:18
Petition for Recovery of Documents:- Under section 194B of the Criminal Procedure (Scotland) Act 1995 the Scottish Criminal Cases Review Commission referred the case to the High Court. In its Statement of Reasons the Commission explains that in 2006 the Crown Office informed it of the existence of two protectively marked documents in its possession. The documents had never been made available to the defence. A representative of the Commission was given conditional access to these documents. ...
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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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