By Euan Dow on 29/05/2008 14:25
Criminal Note of Appeal Against Conviction:- On 14 October 2005 the appellant was convicted of a charge of rape at Glasgow High Court. The appellant appealed against conviction on the following ground:- "That the learned judge erred in repelling the submission by the defence at the close of the evidence that the leading by the Crown of hearsay evidence in terms of section 259 of the Criminal Procedure (Scotland) Act 1995 relating to a deceased witness Joseph Robertson was unfair and in breach of ...
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By Euan Dow on 23/05/2008 07:18
Criminal Appeal Against Conviction:- On 30 June 2003 Jodi Jones was murdered in woodland near Dalkeith. Following a trial at the High Court in Edinburgh the appellant was convicted of her murder. The appellant sought leave to appeal and six grounds of appeal were granted and a further ground put forward during the course of the appeal hearing. The grounds of appeal were:- (1) that the trial judge erred in not granting a motion by the defence prior to the trial to move the trial out of Edinburgh ...
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By Euan Dow on 07/05/2008 10:13
Criminal Appeal Against Conviction:- On 29 January 2003 the appellant was convicted of the murder of his wife, Arlene, who disappeared from her home on 28 April 1998 and was never seen again. He was sentenced to life imprisonment, with a punishment part of twenty five years imposed. Here he appealed against conviction and against the length of the punishment part. The cornerstone of the Crown case at trial was the notion that the appellant had returned to the family home following the murder and ...
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By Euan Dow on 01/05/2008 10:20
Criminal Note of Appeal Against Conviction:- The appellant was indicted on a charge of assault against AH (charge 1) and on two charges of lewd, indecent and libidinous practices and behaviour against AH (charge 2) and JH (charge 3). The appellant was convicted of all three charges following trial. Evidence was led by the Crown from AH and JH. Following the completion of the Crown's case, a submission of no case to answer was made, but repelled. Thereafter the appellant himself gave evidence, as ...
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By Euan Dow on 01/05/2008 10:19
Criminal Appeal Against Conviction:- On 23 March 2004 the appellant was found guilty of a charge of murder by a unanimous verdict of the jury at Aberdeen High Court. During the course of the trial the main line of defence was a special defence of incrimination. Shortly after his arrest the appellant made a statement to the police in which he identified the incriminee as having been responsible for the murder. The appellant did not give evidence at trial. The grounds of appeal broadly related to ...
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By Euan Dow on 01/05/2008 09:21
Criminal Appeal Against Sentence:- On 21 September 2007 at the first calling of the case the appellant pled guilty as libelled to the two charges on the complaint against him, namely, driving whilst disqualified and without insurance, contrary to sections 103(1)(b) and 143(1) and (2) of the Road Traffic Act 1988 (as amended). In relation to the s.103 charge the appellant was sentenced to six months' imprisonment and disqualified from driving for a period of five years; on the second charge the a ...
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By Euan Dow on 01/05/2008 09:21
Criminal Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellants were indicted to Paisley Sheriff Court on charges of violence allegded to have occured on 26 December 2004. The charges included allegations of the use of a variety of weapons including a brick, a shovel, a brush and a broom. After sundry procedure a trial diet was assigned for 19 September 2006. Prior to the commencement of the trial it was discovered that the various weapons, all of which were on th ...
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By Euan Dow on 01/05/2008 09:17
Criminal Appeal Against Conviction:- The appellant was indicted to Hamilton Sheriff Court on seven charges comprising common law and statutory charges of lewd, indecent and libidinous practices and behaviour. At a first diet it was noticed by the Crown and the defence that charges 5 and 6, both contraventions of section 6 of the Criminal Law (Consolidation)(Scotland) Act 1995, which renders criminal certain indecent behaviour towards a girl aged between 12 and 16, were irrelevant in that on the ...
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By Euan Dow on 03/04/2008 12:48
Criminal Appeal Against Sentence:- On 21 November 2006 the appellant pled guilty on indictment at Edinburgh Sheriff Court to a charge of having in his possession or under his control with the requisite intention an identity document, namely a French identity card in the name Dani Dib, that was false and that he knew or believed it to be false contrary to the Identity Card Act 2006, section 25(1)(a). He was sentenced to a period of thirty two months' imprisonment and a recommendation was made tha ...
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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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