Items tagged with SCOTLAND

P.B. v. Her Majesty's Advocate [2013] HCJAC 139

Application for leave to appeal:- Here the applicant sought leave to appeal to the Supreme Court of the United Kingdom following the refusual of the applicant's appeal under section 26 of the Extradition Act 2003against the order of the sheriff at Edinburgh that he be extradited to Po......

John Johnstone v Her Majesty's Advocate [2013] HCJAC 128

Application for leave to appeal to the Supreme Court:- On 1 August 2013 the appellant's appeal against sentence was refused. He had been made subject to a Hospital Order, following the advice of psychiatrists, following his plea of guilty to culpable homicide in 1995. Here the applicant sought ......

Andrew Behan v. Procurator Fiscal, Hamilton [2013] HCJAC 118

Criminal appeal by stated case:- The appellant was convicted after trial on summary complaint of a contravention of section 39 of the Criminal Justice and Licensing (Scotland) Act 2010, which is a stalking offence. At the close of the Crown case a “no case to answer” submissio......

Procurator Fiscal, Glasgow v. Barry McGovern [2013] HCJAC 120

Crown appeal by Stated Case:- In this case the respondent, a care worker, was charged with  assaulting the complainer, who suffered from dementia, by seizing her by the body, pushing her on the body and sweeping her legs from underneath her causing her to fall to the ground contrary to section......

Sajjad Afzal v Her Majesty's Advocate [2013] HCJAC 103

Criminal note of appeal against conviction:- On 27 September 2012 the appellant was sentenced to 7 years imprisonment after being convicted after trial of a charge of indecent assault and rape. The issue at the trial was whether the complainer consented to having sex with the appellant. It was his ......

Frank Carberry v. Her Majesty's Advocate [2013] HCJAC 101

Reference from the Scottish Criminal Cases Review Commission:- On 17 May 2006 at Glasgow Sheriff Court the appellant was convicted of three charges of indecent assault on males. On 28 June 2006 the sheriff imposed an extended sentence of seven years, five years of which were custodial. On 8 Septemb......

Andrew Francis Cleary v. Procurator Fiscal, Arbroath [2013] HCJAC 85

Bill of Suspension:- On 25 February 2013, following a four day trial on summary complaint at Arbroath Sheriff Court, the complainer was convicted of a charge of assault to injury following which he was sentenced to carry out a community payback order as an alternative to imprisonment requiring the ......

Javaughn Griffith v. Her Majesty's Advocate [2013] HCJAC 84

Criminal note of appeal against conviction:- On 8 May 2012, at the High Court in Glasgow, the appellant was convicted after trial of a charge of assaulting a shopkeeper in a shop and of attempting to rob him. His co-accused was also convicted. At the trial the appellant gave evidence. Prior to......

Procurator Fiscal, Dingwall v. Joseph Anthony Cairns [2013] HCJAC73

Criminal Appeal by Stated Case:- The respondent appeared on summary complaint for trial at Dingwall Sheriff Court on 4 February 2013 in relation to a contravention of section 1(1) of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 by chanting phrases......

Barry Glancy and Eileen MacDonald v. Procurator Fiscal, Glasgow [2013] HCJAC 68

Bill of Advocation:- On 7 February 2013 the procurator fiscal depute moved to adjourn the trial diet which was opposed by the solicitors acting on behalf of both complainers. The sheriff adjourned the trial diet and fixed a new trial diet for 20 February. The complainers challenged those decisions ......

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