Items tagged with SCOTLAND

William McLellan v. Her Majesty's Advocate [2008] HCJAC66A

Criminal Appeal Against Conviction:- The appellant was indicted in the High Court at Edinburgh on a charge assault and robbery while acting with unknown individuals at commercial premises in Glasgow. On 20 June 2003 Lord Carloway refused a minute of postponement, lodged by the appellant following a......

Sharon Harkins v. Her Majesty's Advocate [2008] HCJAC66

Criminal Appeal Against Conviction:- The appellant and her co-accused James Carslaw, were both convicted after trial of a charge of murder and a charge of theft. The ground of appeal in respect of which leave to appeal was granted related to the admission in evidence of a deceased witness's stateme......

Shehzada Hanif v. Her Majesty's Advocate 2008 HCJAC 47

Criminal Note of Appeal Against Conviction:- On 12 January 2006 at the High Court in Glasgow the appellant was found guilty of a charge of assault and attempted robbery. The central issue at trial was the identification of the appellant as the perpetrator. Both of the two female employees referred ......

Steven Edward Naismith Allison v. Her Majesty's Advocate [2008] HCJAC 63

Criminal Note of Appeal Against Conviction and Sentence:- Following trial at the High Court in Glasgow in August and September 2004 the appellant was convicted of four contraventions of section 4(3)(b) of the Misuse of Drugs Act 1971 committed at various locii between 12 November and 3 December 200......

Joseph McKnight v. Her Majesty's Advocate [2008] HCJAC 62

Criminal Appeal Against Sentence:- On 16 November 2006 the appellant was driving a car in Great Western Road, Glasgow when he was stopped by police officers. He was found to be driving while disqualified. He was also found to have a quantity counterfeit bank notes in his possession. On 25 January 2......

STUART MARK HUNT (Complainer) v PROCURATOR FISCAL INVERNESS (Respondent) [2008] HCJAC 57Appeal No:XJ1776/05

The complainer was convicted of assualt. He was held to have punched a neighbour during an argument. The complainer lodged an application for a stated case in terms of s178 (1) of the Criminal Procedure (Scotland) Act 1995. A draft case was duly prepared by the justice. Adjustments were proposed by......

James Lieser v. Her Majesty's Advocate [2008] HCJAC 42

Criminal Note of Appeal Against Conviction & Sentence:- On 13 July 2004 at the High Court in Glasgow the appellant was convicted of a charge of murder and was sentenced to life imprisonment, with the punishment part being fixed at twelve years. There were two grounds of appeal:- (1) "In particu......

Thomas Balmer & Alan Thomas Balmer & Anne Balmer v. Her Majesty's Advocate 2008 HCJAC 44

Petition to the nobile officium of the High Court of Justiciary:- The petition raised by the three petitioners related to the competency of an indictment brought by the respondent against "Rosepark Care Home also known as Rosepark Nursing Home, a now dissolved firm". It is alleged by the respondent......

Robert Cameron v. Her Majesty's Advocate [2008] HCJAC 39

Criminal Note of Appeal Against Conviction:- The court issued an opinion on 20 February 2008 on the appellant's original ground of appeal which related to sufficiency of evidence. In the course of those proceedings the court allowed the appellant to lodge an additional ground of appeal under sectio......

Robert Lowe v. Her Majesty's Advocate [2008]HCJAC 41

Criminal Note of Appeal Against Sentence:- On 9 October 2007 the appellant pled guilty under section 76 of the Criminal Procedure (Scotland) Act 1995 to a contravention of section 5(1)(aba) of the Firearms Act 1968 in respect of a pistol found by the police locked in a safe in his house on 30 Novem......

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