Items tagged with SCOTLAND

Christopher Chilcott v. Procurator Fiscal, Stonehaven [2010] HCJAC 106

Criminal Appeal:- The respondent attempted to institute summary proceedings against the appellant in respect of a charge of speeding in 2009. Following repeated correspondence between those acting for the appellant and the respondents it appeared that the complaint was never properly served upon th......

Her Majesty's Advocate v. Stephen McKay [2010] HCJAC 104

Crown Appeal Against Sentence:- On 23 February 2010 at a first diet at Dunfermline Sheriff Court the respondent pled guilty on indictment to an amended charge of contravening section 2B of the Road Traffic Act 1988 (as amended by the Road Safety Act 2006), namely, causing death by careles......

Procurator Fiscal, Glasgow v. William Gordon Jackson [2010] HCJAC 96

Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The respondent received a summary complaint containing a charge alleging a contravention of section 172(2)(a) and (3) of the Road Traffic Act 1988. Service of the complaint was effected on 23 October 2009. ......

Alexander David Williamson Atkinson v. Her Majesty's Advocate [2010] HCJAC 77

Criminal Note of Appeal against Conviction:- On 17 July 2009 following a trial on indictment at Perth Sheriff Court the appellant was found guilty of a charge of contravening section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant was sentenced to 5 years imprisonment. He lodged a Note of Ap......

W.M. v. Her Majesty's Advocate [2010] HCJAC 75

Criminal Note of Appeal Against Conviction:- On 24 March 2009 at Glasgow High Court the appellant was convicted of various offences involving the serious sexual abuse of his two sons. He was also convicted of two charges of breach of the peace which involved the issuing of threats to his sons ......

William Frederick Ian Beggs v. Her Majesty's Advocate [2010] HCJAC 48

Application for leave to appeal to the Supreme Court:- On 9 March 2010 the Appeal Court refused the appeal of the appellant in his appeal against conviction. Here the appellant sought leave to appeal to the Supreme Court of the United Kingdom. There were four “devolution issues” up......

The Scottish Ministers v. Claire Rennison or Smith [2010] CSIH 44

Reclaiming Motion:- In the action the petitioners sought a recovery order under the Proceeds of Crime Act 2002. The first respondent was Lee Smith and the second respondent was his wife. In August 2006 the first respondent died and the second respondent opposed the petition for recovery as a party ......

John McDonald v. Her Majesty's Advocate [2010] HCJAC 45

Criminal Note of Appeal Against Conviction:- On 1 September 2005 following trial at Glasgow High Court the appellant was convicted of a number of firearms offences, a charge of murder and a charge of assault to injury. The appellant was subsequently sentenced to life imprisonment on the murder char......

Simon Stuart v. Her Majesty's Advocate [2010] HCJAC 34

Criminal Note of Appeal Against Sentence:- On 21 October 2004 the appellant was remitted to the High Court for sentencing for a serious assault and received an extended sentence of 9 years (with a custodial part of 6 years). In October 2008 the appellant was released on licence. On 3 November 2008 ......

Martin Kyle v. Her Majesty's Advocate [2010] HCJAC 28

Criminal Note of Appeal Against Sentence:- The appellant was convicted after trial on indictment at Dundee Sheriff Court on charges of:- (1) being concerned in the supply of heroin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971; (2) obstructing officers of Tayside Police in execution o......

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