Whether Abatement Notice Rendered Invalid by Insufficient Particulars:-The Queen's Bench Division gave guidance in respect of the contents and level of detail required to be particularised in Abatement Notices served pursuant to the Environmental Protection Act 1990, s.80. The difficulty arose from the fact that s.80(1) is silent vis-a-vis the identification or specification of the activities which are the subject of an Abatement Notice. An Abatement Notice which referred to a nuisance simplicit ...
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Interaction Between Findings of the Crown Court and the Social Security Appeals Tribunal:-In the Crown Court at Liverpool the Applicant was convicted of two counts of false accounting and two counts of dishonestly failing to give prompt notification of a change of circumstances and was sentenced to a total of nine months' imprisonment. The cardinal issue between the Prosecution and the Defence at trial had been whether the Applicant had been living with her husband at the material times. At the ...
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Parameters of Use of Draft Guidelines and Consultation Documentation: Attorney-General's Reference (No 61, 62 and 63 of 2011) [2011] EWCA Crim 2619 In passing sentence the Judge made reference to the Sentencing Council's consultation document on drug offences. The Judge utilised the consultation document in ascertaining the appropriate sentencing starting point in light of the class of drug, the quantity of drug and the role played by the individual Defendants. The issue which arose for consider ...
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0 0 1 340 1939 Faculty of Advocates 16 4 2275 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The appellant was charged on a summary complaint in the Justice of the Peace Court in Stonehaven of driving a motor vehicle at a speed in excess o ...
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0 0 1 463 2641 Faculty of Advocates 22 6 3098 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Reference by The Scottish Criminal Cases Review Commission:- On 9 February 2004 at the High Court at Glasgow the appellant was convicted after trial, by a majority verdict, of a charge of murder. The appellant was sen ...
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0 0 1 776 4424 Faculty of Advocates 36 10 5190 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Sentence:- On 31 May 2011, at Oban Sheriff Court, the appellants pled guilty, by way of accelerated indictment procedure under Section 76 of the Criminal Procedure (Scotland) Act 1995, ...
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0 0 1 342 1954 Faculty of Advocates 16 4 2292 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal against Conviction:- On 28 January 2011 at the High Court at Glasgow the appellant was convicted unanimously of the following charge:- "On 1 January 2010 at 115 Glenavon Road, Glasgow you ...
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0 0 1 532 3037 Faculty of Advocates 25 7 3562 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction:- On 14 June 2010 at Aberdeen Sheriff Court the appellant was convicted after trial of a charge of taking or permitting to be taken or make 243 indecent photographs or pseud ...
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0 0 1 316 1803 Faculty of Advocates 15 4 2115 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction:- On 26 August 2010 at Edinburgh High Court the appellant was convicted after trial of the following charge:- "On 1 March 2010 at ... you...did assault … and ...
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0 0 1 222 1272 Faculty of Advocates 10 2 1492 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Sentencing:- This was a hearing of seven appeals against sentence before 5 judges which raised important questions of principle on sentence discounting. In Spence v H.M.A. (2008 JC 174) the court gave general guidanc ...
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