Items tagged with SCOTLAND

Robert Paterson v HMA

Bill of Advocation – Appeal Court, High Court of Justiciary – Petition to nobile officium/order of pro loco et tempori substitution for proceedings simplicator.  Case involved indictment of complainer on six charges including murder by shooting and assault by presenting a fire-arm.......

John McDonald +Brendan Dixon+Richard Blair v. Her Majesty's Advocate [2007] HCJAC 75 Appeal No: XC732/05, XC213/05 and XC406/05

Appeal _ Three appellants - The appellant McDonald was convicted of murder and of various firearms offences and was appealing against that conviction.  The appellant Dixon convicted of murder and of attempting to defeat the ends of justice. He was appealing against conviction and sentence. The......

Lord Advocate v. Joseph Harrison [2007] HCJAC 74

Criminal Note of Appeal - Crown Appeal Against Sentence - Culpable Homicide:- On 19 October 2005 the respondent pled guilty to a charge of culpable homicide:- "On 22 February 2005 at Castle Terrace, Aberdeen, Denside of Catterline or elsewhere, whilst within motor car registered number P595 FSR, ......

Paul Spence v. Her Majesty's Advocate [2007] HCJAC 64

Criminal Note of Appeal Against Sentence:- The appellant was convicted of culpable homicide and was sentenced to 8 years detention in a Young Offenders Institution. He appealed against that sentence. The appellant was indicted for murder and had offered in general terms a plea to culpable homicid......

Stewart Robertson & Stephen Gough v. Her Majesty's Advocate [2007] HCJAC 63

Criminal - Petition and Bill of Suspension:- On 10 April 2001 the petitioner was called as a Crown witness at Paisley sheriff court in a trial on indictment. During the course of his evidence he was repeatedly warned regarding his failure to answer the questions put to him by the procurator fisca......

Zhi Pen Lin v. Her Majesty's Advocate [2007] HCJAC 62

Criminal Note of Appeal Against Sentence:- At Forfar Sheriff Court the appellant pled guilty to a contravention of section 4(2)(a) of the Misuse of Drugs Act 1971, namely the production of cannabis between 10 February and 5 March 2007. Due to the plea being tendered at the first diet the appellant'......

Francis Donnelly (Snr), Francis Donnelly (Jnr) and Darryn Donnelly v. H.M.A. [2007] HCJAC59

Criminal Note of Appeal Against Conviction and Sentence - Concert:- On 9 February 2004, after trial, the appellants were found guilty of inter alia a charge of attempted murder and each appellant was sentenced to 8 years imprisonment. The appellants appealed against their convictions on the ba......

Michael Murphy v. Her Majesty's Advocate [2007] HCJAC57

Criminal Note of Appeal Against Conviction & Sentence:- On 20 June 2003, at the High Court in Edinburgh, the appellant was found guilty of ten out of fourteen charges following trial. The appellant was a member of the de la Salle Order. Following training, the appellant took his vows in 1959,......

Scott Pickett v. Her Majesty's Advocate [2007] HCJAC47

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 h......

HMA v. Russell Hutchison +2 [2006] HCJAC 45

The appeal here related to three separate complaints in each of which the respondent had been charged with having committed a breach of the peace at a football match, racially aggravated in terms of section 96 of the Crime and Disorder Act 1998. In each case, at the conclusion of the Crown evidence......

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