By Euan Dow on 07/05/2008 10:14
Reference by the Scottish Criminal Cases Review Commission:- On 8 February 2006 at the High Court in Kilmarnock the appellant pled guilty to a charge on indictment under section 76 of the 1995 Act in the following terms:- "Between 15 February 2004 and 2 June 2004 at 106 Wedderburn Street, Dunfermline, you did make indecent photographs or pseudo-photographs of a child: CONTRARY to the Civic Government (Scotland) Act 1982, Section 52(1)(a) as amended." The maximum period of imprisonment in relatio ...
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By Euan Dow on 11/09/2007 09:32
Judicial Review of a decision of the Scottish Criminal Cases Review Commission not to make a reference to the High Court of Justiciary in terms of section 194B of the Criminal Procedure (Scotland) Act 1995:- In February 2005 the appellant was convicted on indictment of several charges of indecent assault and was sentenced to three years imprisonment on the most serious charges, which involved very intimate contact with and injury to one complainer, and imprisonment for one year on the remaining ...
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By Euan Dow on 08/12/2006 00:00
Referral by the Scottish Criminal Case Review Comm
On 20 October 2003 the appellant, a practicing general medical practitioner, pled guilty in the High Court to 17 charges on the indictment against him. The complainers were all young women who at various times between January 1986 and January 2000 had, as patients, attended the surgery where he practised. Each of the charges was of assault upon the patient involving acts of indecency. The appellant was sentenced to 9 years' imprisonment (discounted from 12 years).The appellant sought to appeal a ...
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By Euan Dow on 06/12/2005 00:00
Appellant served 17 1/2 years of a 25 year sentence for murder. He was given liberation some months after the lodging of the Commissions referral.The Crown has conceded that the conviction cannot stand. It is for this Court to decide whether that concession is well-founded.
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By Euan Dow on 30/03/2005 21:00
Referral From Scottish Criminal Cases Review Commission :
In 1992 the appellant was convicted of murdering his wife. He then appealed on a number of grounds one of which was that he had additional evidence tending to exculpate him of murder which was not available at the time of the trial and which could not reasonably have been made available at the trial.The appeal court refused the appeal. In relation to the fresh evidence ground it decided that the evidence tendered could not be considered to be additional vidence.The Commission is of the view that ...
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By Euan Dow on 24/03/2005 00:00
This case concerns a dispute between two groups each claiming to be the true Free Church of Scotland. At issue are assets held in trust "for behoof of and in connection with the association or body of Christians known as the Free Church of Scotland".
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By Euan Dow on 15/03/2005 00:00
The basis of the referral is that in the light of information available some of which was not heard at the trialthat there is a reasonable doubt as to the applicants guilt in respect of the murder of which he was convicted.
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