Frank Carberry v. Her Majesty's Advocate [2013] HCJAC 136

Application for leave to appeal to the Supreme Court:- Here the applicant sought leave to appeal to the United Kingdom Supreme Court in respect of the court's decision to reject a reference from the Scottish Criminal Cases Review Commission following the conviction of the applicant on 17 May 2006. The basis upon which the reference was made had previously been considered by the court and it was held that the information presented to the court fell short of what was required before the court would contemplate instructing a judicial enquiry as the information amounted to little more than a statement from one juror that another juror had found unspecified information about the appellant on the internet. Here the court stated that the main issue in the application was that the grounds of appeal did not accurately reflect what the decision of the court had been and further that a matter of public importance did not arise as the decision was, in essence, one of fact, namely, that a juror found information about the appellant on the internet during the currency of the trial.