Bill of Suspension:- On 27 October 2009, the complainer signed a written intimation of his intention to plead guilty to a contravention of section 2 of the Road Traffic Act 1988. On 20 November 2009 at a pleading diet the plea of guilty was recorded and the court deferred sentence until 4 December 2009 for the personal appearance of the complainer given he was liable to be disqualified from driving. On 4 December 2009, the complainer was represented by a solicitor and af ...
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Criminal Note of Appeal Against Conviction:- On 13 May 2009, the appellant was found guilty after a trial at Edinburgh Sheriff Court of the following charge on indictment:- "On 31 May 2008 at …Bonnyrigg…you…did assault Marc Wilson .....and did strike him to the neck with your hand whilst holding a glass, causing the glass to break to his severe injury and permanent disfigurement". A rider was added to the verdict by the jury to the effect that the assault had been carried out u ...
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Criminal Note of Appeal Against Conviction:- On 1 August 2008, following a trial at the High Court in Edinburgh, the appellant was found guilty of a charge of attempted murder, a charge of being in possession of heroin, two charges of breach of the peace and a contravention of section 41(1)(a) of the Police (Scotland) Act 1967. The appellant was sentenced to a period of 9 years imprisonment in cumulo. The appellant appealed against his conviction in relation to the attempted murder charge on the ...
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The petitioner was listed as a Crown witness in an indictment containing a number of serious charges involving firearms. Those indicted were James Scott MacDonald and Raymond Anderson, Senior. The indictment was brought to trial at the High Court in Glasgow in March 2008 and the petitioner was called to give evidence by the Crown on 6, 7 and 11 March 2008. Due to certain problems with the jury in that trial, it was deserted pro loco et tempore on 11 March 2008, during the course of the ...
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The petitioner was a citizen of Sudan, who arrived and claimed asylum in the UK in June 2008; her claim for asylum was subsequently rejected in July 2008. By January 2009, she had become “appeal rights exhausted” and in December 2009, she requested the Secretary of State reconsider her application for asylum, indicating it was a fresh claim for asylum under Rule 353 of the Immigration Rules. Her new representations were not recognized by the UK Border Agency, on behalf of the Secreta ...
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Bill of Suspension:- On 7 August 2009, a justice of the peace in Glasgow granted a search warrant in terms of section 23(3) of the Misuse of Drugs Act 1971 and was contained in a pro forma single sheet document with typed text and blank boxes requiring completion. Boxes 4 and 5, which required the full name of the occupant and the full address or description of the premises to be searched to be completed had the complainer’s name “James Paterson” duly completed, however, i ...
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The appellant was admitted to the State Hospital in 1996. In May 2007, the Mental Health Tribunal for Scotland made an order under section 264 of the Mental Health (Care and Treatment) (Scotland) Act 2003 declaring that the appellant was being held in conditions of excessive security. The appellant’s psychiatric condition was such that no suitable alternative accommodation could be found for him in Scotland and he was transferred to Linden House, a medium-secure facility in Yorkshire. ...
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Criminal Note of Appeal Against Sentence:- On 2 February 2010 at Glasgow Sheriff Court at a continued first diet the appellants each pled guilty to a charge of assault and robbery, having each been indicted on two charges of assault and robbery. The first and second appellants pled guilty as libelled to charge 1 and maintained their plea of not guilty to the second charge and the third and fourth appellants pled guilty as libelled to charge 2 but maintained their pleas of not guilty to ...
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The Minuters made an application under section 298 of the Proceeds of Crime Act 2002 in relation to money seized in 2008. The Defender and a friend had been travelling south on the A702 in the Defender’s car. Both the Defender and his companion were drug addicts and unemployed. The Police were aware that the A702 was used by criminals as a main route to transport drugs and cash between Scotland and England. Officers had stopped the Defender’s car and had found a large ...
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The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of the accident. She had suffered chronic pre existing back pain for about 7 years before the accident. This had caused her difficulties on a daily basis and she took anti-inflammatory medicati ...
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