Thomas Rooney v Her Majesty's Advocate

The appellant, along with four other persons faced an indictment containing three charges, which all arose out of a single incident that occurred on 10 March 2004 in Glasgow. Each charge affected all five accused. On 13 September 2004 in the High Court at Glasgow, after trial, the appellant was found guilty in respect of charge (1) and guilty of culpable homicide in respect of charge (3); charge (2) was found to be not proven against him. The appellant tabled grounds of appeal on the basis that "The verdict of the jury was perverse and contrary to the evidence and, there being no evidential basis upon which - even inferentially - it could be founded, was a miscarriage of justice"; and "That in terms of section 106(3)(b) of the Criminal Procedure (Scotland) Act 1995 the verdict returned by the jury was a verdict which no reasonable jury, properly directed, could have returned and accordingly there has been a miscarriage of justice. That the quality, character and strength of the evidence led in support of the charge was such that the jury should have entertained a reasonable doubt as to the guilt of the appellant." The court considered these grounds of appeal.