John Irvine v Her Majesty's Advocate

Description

The Appellant was convicted at Glasgow High Court following trial on 19 November 2002 of a contravention of S. 4(3)(b) Misuse of Drugs Act 1971 and was sentenced to 8 years imprisonment, The conviction alone was appealed. Leave to appeal was granted by 3 sift judges on 27 November 2003. The grounds of appeal related to defective representation due to a failure by the defence prior to the trial to take adequate steps to ascertain the identity of a possible incriminee who was subject to police surveillance at the time. The question for appeal was whether such failure had resuted in a miscarriage of justice?

Specifications