Appeal under Section 65 of the Criminal Procedure (Scotland) Act 1995:- On 21 September 2007, the appellant appeared with five co-accused on petition at Alloa Sheriff Court, on a charge of being concerned in the supplying of cannabis resin. As such the twelve month time bar was 21 September 2008. The appellant was granted bail at that time and was subsequently indicted on the same charge. In advance of the first diet those acting on behalf of the appellant made repeated requests for a copy of a ...
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Criminal Note of Appeal Against Conviction and Sentence:- On 24 February 2006 the appellant was found guilty after trial by a majority verdict at Glasgow Sheriff Court of a contravention of section 5(3) of the Criminal Law (Consolidation) (Scotland) Act 1995. The appellant was sentenced to an extended sentence of 30 months, the duration of the custodial term being 18 months imprisonment, and the extended period being 12 months. The appellant lodged a Note of Appeal against conviction and sentenc ...
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Shaun Riley worked for Chargot Ltd who were involved in the construction of a car park at a farm in Lancashire. The dumper truck which Mr Riley was driving tipped over on its side and he was buried by the load of spoil that he had been transporting. It was some time before he could be pulled out, attempts to revive him were unsuccessful and he died the following day in hospital. Criminal proceedings were brought against the Chargot (first appellant) under s.33(1)(a) of the Health and Sa ...
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Appeal by Bill of Suspnsion:- On 2 May 2008 at Greenock Sheriff Court in a summary trial the Crown led two police officers in evidence and the case was part heard until 20 May 2008 when two defence witnesses were heard. The complainer represented himself at trial and the presiding sheriff found him guilty of the remaining charges on the complaint. In this Bill of Suspension the complainer sought to suspend the conviction which ensued at the conclusion of the summary trial on the ground that it w ...
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Criminal Appeals Against Sentence:- On 19 February 2008 the appellants pled guilty at the High Court in Glasgow to charges of causing death by dangerous driving in contravention of section 1 of the Road Traffic Act 1988. The appellants were sentenced to custodial sentences of ten years two months and eight years detention respectively. Each period of custody was discounted from 12 years on account of their pleas of guilty. Both appellants appealed solely on the selection of twelve years as an ap ...
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Criminal Appeal Against Conviction and Sentence:- On 24 November 2005, at the High Court in Edinburgh, the appellant was convicted after trial of a charge of murder. On 15 December 2005, the trial judge sentenced the appellant to life imprisonment with a punishment part of 18 years. The note of appeal contained one ground which stated that the trial judge erred in failing to direct the jury that it was open to them to return a verdict of guilty to the lesser charge of culpable homicide. It was s ...
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Criminal Appeal Against Conviction:- The appellant was indicted in the High Court at Edinburgh on a charge assault and robbery while acting with unknown individuals at commercial premises in Glasgow. On 20 June 2003 Lord Carloway refused a minute of postponement, lodged by the appellant following a change of agency on 16 May 2003. The purpose of the postponement was for an expert to examine video footage. On 24 June 2003 the appellant appeared for trial before Lord Hardie and newly appointed cou ...
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Criminal Appeal Against Conviction:- On 11 January 2007 the appellant was convicted on indictment after trial at Peterhead Sheriff Court of a contravention of section 4(3)(b) of the Misuse of Drugs Act 1971 relating to the distribution of diamorphine in the Peterhead area. The apellant was sentenced to two years imprisonment. Three grounds of appeal were argued, albeit interrupted by the appellant withdrawng his instructions from counsel during the course of the appeal hearing. The grounds of ap ...
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Criminal Appeal Against Conviction:- The appellant and her co-accused James Carslaw, were both convicted after trial of a charge of murder and a charge of theft. The ground of appeal in respect of which leave to appeal was granted related to the admission in evidence of a deceased witness's statement in terms of section 259 of the Criminal Procedure (Scotland) Act 1995. The issue here was whether the admission of the hearsay evidence rendered the trial unfair and thus led to a contravention of A ...
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Crown Appeal Against Sentence:- On 8 March 2008 the respondent, following trial at the High Court, was found guilty of:- (1) a contravention of section 5(3) of the Criminal Law (Consolidation) (Scotland) Act 1995; and (2) a charge of attempted rape. On 7 March 2008, the trial judge made a Probation Order on the respondent for a period of three years and containing a condition that the respondent should undertake 200 hours of unpaid work in the community. Under sections 108 and 110 of the Crimina ...
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