Description
Criminal Note of Appeal Against Conviction and Sentence:- On 12 July 2004 the appellant pled guilty to inter alia "on 16 August 2003 at Kilmorie Drive at its junction with St Blane's Drive, Rutherglen, you did assault Simon George Weir .... and did drive motor vehicle registered number P12 KET at him, cause said motor vehicle to strike him causing him to fall to the ground, and repeatedly drive said motor vehicle over his body all to his severe injury and permanent disfigurement and you did attempt to murder him and you did previously evince malice and ill-will towards him" under deletion of the words "and you did attempt to murder him and you did previously evince malice and ill-will towards him". The Court sentenced the appellant to six years imprisonment in cumulo. By a Note of Appeal, dated 16 August 2004, the appellant appealed against his sentence. The appellant's appeal against sentence called on 19 November 2004, when it was continued to a date to be afterwards fixed to allow counsel for the appellant to consider whether there was a proper basis for lodging an appeal against conviction. On 9 May 2005 grounds of appeal against conviction were lodged on behalf of the appellant in which it was submitted that the appellant was under a material misapprehension as to the nature of the charge to which he was pleading guilty and the plea was tendered on a material misunderstanding as to the nature of the offence. Here the court considered whether the plea of guilty to the charge, as modified, was tendered under some real error or misconception or in circumstances which were clearly prejudicial to the appellant.
0141 553 4890
