Items tagged with SCOTLAND

Mark Ashton v. Her Majesty's Advocate [2011] HCJAC 124

Criminal Note of Appeal Against Conviction:- On 26 January 2011 at Glasgow Sheriff Court, the appellant was found guilty unanimously and by direction of the trial sheriff of a contravention of section 47(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely, having with him an off......

Robbie Batchelor v. Procurator Fiscal, Dundee [2011] HCJAC 123

Criminal Appeal Against Sentence:- On 28 March 2010 the appellant pled guilty to two charges of writing graffiti on a wall whilst subject to an Anti Social Behaviour Order and the second was a breach of that ASBO by having a can of spray paint with him. The appellant was put on probation for a......

Vincent Anderson and Richard Miller v. Procurator Fiscal, Alloa [2011] HCJAC 118

Criminal appeal under section 174(1) of the Criminal Procedure (Scotland) Act 1995:- This was an appeal by both appellants following the sheriff's decision following a debate at which evidence was led, to repel pleas in bar of trial and refuse associated devolution minutes at the instance of b......

Robert Foye v. Her Majesty's Advocate [2011] HCJAC 94

Criminal Note of Appeal Against Sentence:- On 23 January 2008 the appellant pled guilty under accelerated procedure in terms of section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of rape. On 1 October 2008, the court, being satisfied that the risk criteria were......

Vladimir Jakovlev and Alexsandr Podgornoi v. Her Majesty's Advocate [2011] HCJAC 90

Criminal Note of Appeal Against Sentence:- On 3 December 2010 following a trial at the High Court at Edinburgh the appellants were convicted unanimously of the following charge:-"On 2 April 2010 at 1 Beattie Court, Hawick you did assault Christopher James McCol......

Steven Telford v. Her Majesty's Advocate [2011] HCJAC 79

Criminal Note of Appeal Against Conviction:- On 4 October 2004 at the High Court in Glasgow, the appellant pled guilty to a charge murder which was committed by the appellant, Walter Charles Sneddon Thomson and Samuel Petto setting fire to a tenement block whereupon a fire took hold and resulte......

Raymond Jude, Michael Hodgson and Josh Burnie v. Her Majesty's Advocate

Criminal Note of Appeal:- These are three separate appeals which arise following the Supreme Court judgement in Cadder v. H.M.A. 2010 S.L.T. 1125. In each of these cases the appellant was interviewed by the police before he was charged and before he had had access to legal advice. Subsequently, ......

The Procurator Fiscal Aberdeen v. Sean Douglas Pirie [2011] HCJAC 43

Crown Appeal under section 174 of the criminal Procedure (Scotland) Act 1995:- The respondent appeared on summary complaint that contained a charge of careless or inconsiderate driving contrary to section 3 of the Road Traffic Act 1988 at the instance of the appellant and was prosecuted in......

William Beggs v. Her Majesty's Advocate [2011] HCJAC 49

Application for reduction of the punishment part of the sentence of life imprisonment:- Following a finding of guilt after trial the applicant was sentenced to life imprisonment, with a punishment part of twenty years being specified. On 9 March 2010 the Appeal Court issued its opinion, re......

He Wuchao v. Procurator Fiscal, Lanark [2011] HCJAC 36

Bill of Suspension and Appeal Against Conviction:-The appellant was convicted after trial before a sheriff and jury at Lanark of being concerned in the production of cannabis contrary to section 4(2) of the Misuse of Drugs Act 1971. He was sentenced to 30 months imprisonment in relation to that......

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