Items tagged with SCOTLAND

James Arthur v. Procurator Fiscal, Hamilton [2013] HCJAC 4

Appeal against sentence:- On 24 September 2013 the appellant was convicted after trial of a contravention of section 6 of the Road Traffic Act 1988 in that he failed without reasonable excuse to co-operate with a preliminary breath test, which test had been requested by a constable in uni......

Charles McAughey v. Her Majesty's Advocate [2013] HCJAC 163

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted to the High Court, along with six others, on a charge of concealing, transferring, and attempting to remove from Scotland criminal property within the meaning of the Proceeds of Crime Act 2002 co......

Her Majesty's Advocate v. Darrin Callander [2013] HCJAC 159

Crown appeal against sentence:- On 2 September 2013 at the High Court at Glasgow the respondent pled guilty at a preliminary hearing to a charge of murder. He was sentenced to a mandatory term of life imprisonment with the punishment part fixed at 9 years and 9 months, which had been disc......

James Whitham v. Her Majesty's Advocate [2013] HCJAC 154

Appeal against sentence:- On 15 August 2012 the appellant pled guilty to a contravention of section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely, being in possession of a knife in a public place. Following the obtaining of a Criminal Justice Social Work Report the sheriff i......

Jie Lin, Sheng Lu, Qing Guang He and Xin Chen v. Her Majesty's Advocate [2012] HCJAC 151

Bill of suspension:- On 17 August 2012 at Edinburgh Sheriff Court the appellants all appeared on a petition libelling various contraventions of the Misuse of Drugs Act 1971. They were all committed for further examination and appeared again on 24 August 2012, when the procurator fiscal de......

Paul Macklin v. Her Majesty's Advocate [2013] HCJAC 41

Application for leave to appeal to the Supreme Court:- The applicant was convicted in September 2003. Here he sought leave to appeal to the United Kingdom Supreme Court.  The basis of the appeal was that the Lord Advocate had acted incompatibly with the applicant's rights under Article&nbs......

Rogers Mutebi v. Her Majesty's Advocate [2013] HCJAC 142

Criminal note of appeal against conviction:- On 25 July 2012 at Glasgow High Court the appellant was convicted after trial of a charge of rape and a charge of theft. At the close of the Crown case a submission was made under section 97 of the Criminal Procedure (Scotland) Act 1995. The basis of the......

Samuel Freeburn v. Her Majesty's Advocate [2012] HCJAC 135

Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted to the High Court in relation to various drugs and firearms offences, following the search of his house at 114 Oronsay Avenue, Port Glasgow on 9 and 10 May 2011. Objection was taken ......

Frank Carberry v. Her Majesty's Advocate [2013] HCJAC 136

Application for leave to appeal to the Supreme Court:- Here the applicant sought leave to appeal to the United Kingdom Supreme Court in respect of the court's decision to reject a reference from the Scottish Criminal Cases Review Commission following the conviction of the applicant on 17 M......

William Simpson v Procurator Fiscal, Dundee [2013] HCJAC 133

Appeal against sentence:- At Dundee Sheriff Court the appellant pled guilty at a trial diet to a charge of assault by punching the complainer on the head, knocking him to the ground and repeatedly punching him on the head and kicking him on his body all to his injury. The appellant was sentenced to......

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