Items tagged with SCOTLAND

William Lauchlan & Charles O?Neill v. Her Majesty's Advocate [2012] HCJAC 51

Criminal Note of Appeal Against Conviction and Sentence:- The appellants have applied for leave to appeal to the Supreme Court against the decision of the appeal court dated 8 February 2012 in an application under section 107(8) of the Criminal Procedure (Scotland) Act 1995. The court gran......

Edmond Eccles v. Her Majesty's Advocate 2012 HCJAC 39

Criminal Note of Appeal Against Sentence:- On 6 June 2011, at a continued first diet at Dundee Sheriff Court, the appellant pled guilty to:- (1) a charge of assault with intent to rob; and (2) a charge of breach of the peace. Both of the offences were committed whilst the appellant was su......

Jamie Lee Ottaway v. Procurator Fiscal, Dundee [2012] HCJAC 36

Criminal Appeal Against Sentence:- The appellant pled guilty at Dundee Sheriff Court on 22 September 2011 to charges of reset. He was first made subject to a 3 month return order under section 16 of the 1993 Act and secondly sentenced to 22 days and 5 months imprisonme......

Ryan James McLean v. Procurator Fiscal, Glasgow [2012] HCJAC 34

Bill of Suspension:- The Crown conceded before the sheriff that in light of the decision in Cowie v HMA [2011] HCJAC 111 a previous DNA sample had been obtained unlawfully and the Crown had presented a petition to allow police officers of Strathclyde Police to obtain a DNA sampl......

John Martin McCarron v. Her Majesty's Advocate [2012] HCJAC 16

Criminal Note of Appeal Against Conviction:- On 15 July 2010, after a trial at the High Court in Glasgow, the appellant was convicted of a charge of murder . On 12 August 2010 he was sentenced to life imprisonment, with a punishment part of 18 years. The appellant's Note of Appe......

Stuart Thompson v. Procurator Fiscal, Glasgow [2012] HCJAC 27

Criminal Appeal:- This appeal was heard with the appeals in Hay v HMA [2012 HCJAC 28]. On 25 August 2009 at Glasgow sheriff court the appellant pled guilty on summary complaint to the following charge:- "On … at … you ... did assault [the complainer] ... and did seize hold of he......

Christopher Chilcott v. Procurator Fiscal, Stonehaven [2011] HCJAC 7

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 of the speed limit on 9 May 2009 contrary to sections 88 a......

D.S. v. Her Majesty's Advocate [2011] HCJAC 125

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 seize hold of her upper clothing, rip her bra, push her on the......

James Gemmell and others v. Her Majesty's Advocate [2011] HCJAC 129

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 guidance on the levels of discount and considered that any discount s......

Ross Junior Miller v. Her Majesty's Advocate [2012] HCJAC 6

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 ROSS JUNIOR MILLAR did assault … and did strike him on ......

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