Luke Muir Mitchell v. Her Majesty's Advocate [2006] HCJAC 84

Description

On 21 January 2005 the applicant was convicted after trial in the High Court at Edinburgh of the murder of Jodi Jones. A Note of Appeal containing twelve grounds of appeal against conviction and one against sentence was lodged. A single judge, acting under section 107(1) of the Criminal Procedure (Scotland) Act 1995, granted leave to appeal against conviction and sentence but specified as arguable grounds of appeal against conviction only six of the grounds set forth in the Note, namely, grounds 3, 5, 6, 7, 9 and 10. Unrestricted leave to appeal against sentence was granted. The applicant subsequently made an application under section 107(8) of the Act for leave to found his appeal on certain grounds of appeal which had been specified as unarguable, namely, grounds 1, 2, 4, 11 and 12. The court here decided if the appeal could found upon any of these additional grounds.

Specifications