Items tagged with SCOTLAND

Her Majestys Advocate v. Graham John Reedie

Case considers whether a plea of guilty is a conditional admission that can be reconsidered in the light of a subsequent decision of the court or in the light of a subsquent verdict in the trial of another party on the same charge. ......

Her Majestys Advocate v. Thomas William Farrell

The devolution minute alleged that in proceeding against him the respondent was acting in a way which was incompatible with his right to a fair trial within a reasonable time under Article 6 of the European Convention on Human Rights and that the proceedings were therefore ultra vires of the respon......

James Brown v. Procurator Fiscal Aberdeen

Appellant who was the named driver of the vehicle in questioin had been required in terms of section 172 of the Road Traffic Act 1988 to name the driver of the vehicle at the time of the offence. The appellant replied but only to the effect that the police were wasting his time. This appeal concern......

Procurator Fiscal Perth v. Neil Hart

Following trial the Sheriff upheld the a submission of no case to answer made on behalf of the respondent in relation to a charge under section 52A(1) of the Civic Government (Scotland) Act 1982 .. The reason for this is that the crown had not established that indecent photographs found on the resp......

Nicola Chatham v. Her Majestys Advocate

At the appeal the court heard arguments on three grounds out of nine. (4) That there was insufficient evidence in law of the appellant having taken part in a concerted attack (1) that the trial judge failed to give adequate directions to the jury in respect of the various statements attributed to t......

Colin McIntyre v. Her Majestys Advocate

First submission is that it was unfair of the crown to subhect the recording of the appellants interview to expert analysis and comparison with the tape recordings of the telephone calls to the complainer. This was because prior to the interview the appellant was not told that anything he said migh......

Lloyd John Quinan v. Procurator Fiscal Dumbarton

The appellant was convicted of a breach of the peace as a result of his involvement in a peaceful protest at Faslane. The submission by the appellants counsel relate to the effect of the appellant being a a Member of the Scottish Parliament. He submitted under reference to Article 10 and to Castell......

Graham Sneddon + P. v. Her Majestys Advocate

The appellants in both cases were convicted on conducting themselves in a shamelessly indecent manner in relation to young girls. While their convictions were under appeal a Full Court in Webster v. Dominick 2003 S.C.C.R. 525 2003 S.L.T. 975decided that shameless indecency was not a nomen juris. ......

Alexander Henderson + Douglas Marnoch v. Her Majestys Advocate

The ground of appeal is that evidence of a telephone call was wrongly admitted at the trial. The appeal is based on the ground that the installation of the recording device had been authorised under section 3(2)(b)of the Regulation of Invesitigatory Powers Act 2000. ......

Vadim Meyl v. Her Majestys Advocate

The grounds of appeal relate to the trial judges directions to the jury. It is maintained that the trial judge ought to have directed the jury that in the event of them finding the appellant was not guilty of contravening section 1 of the Road Traffic Act 1988 it was open to them to convict the app......

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