Items tagged with SCOTLAND

Steven Ryder v. Her Majesty's Advocate [2013] HCJAC 63

Criminal Note of Appeal Against Sentence:- On 5 November 2012, at Dundee Sheriff Court, the appellant pled guilty on indictment to a contravention of section 52(1)(a) of the Civic Government (Scotland) Act 1982 by taking or permitting to be taken or making indecent photographs or pseudo-photog......

James Thomson v. Her Majesty's Advocate [2013] HCJAC 60

Criminal Note of Appeal against Conviction:- Here the appellant was convicted after trial of lewd and libidinous practices towards two girls (NK born 5 September 1994 – charge 9 and AM born 19 August 1993- charge 10) aged over 12 and under 16 years contrary to section 6 of the Criminal L......

Lindsay Jones v. The Procurator Fiscal, Dundee [2013] HCJAC 53

Criminal Appeal:- On 31 July 2012 the appellant pled guilty to a charge of assault and a charge of contravening section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. The sheriff imposed sentences of 6 months and 4 months respectively, to be served consecutivel......

Catherine Helen Middleton and Sean James McAllister v. Procurator Fiscal, Livingston [2013] HCJAC 49

Application for extension of time to lodge Bill of Advocation:-  On 28 June 2011 at Livingston Sheriff Court the applicants appeared on a summary complaint charged with an assault. The trial diet was adjourned on 5 occasions due to “lack of court time”.  On behalf of the appli......

Charles Swan v. Procurator Fiscal, Falkirk [2013] HCJAC 37

Bill of Suspension:- On 18 April 2012 the complainer pled guilty to four charges of various contraventions of the Animal Health and Welfare (Scotland) Act 2006 relating to activities at a pet shop. On 24 January 2012 a diet was assigned in terms of section 139 of the 1995 Act of......

Patrick Young v. Procurator Fiscal, Dumfries [2013] HCJAC 41

Criminal note of appeal against sentence:- On 24 April 2012 the appellant pled guilty at  a trial diet and sentence was deferred for the preparation of a social work report. In May 2012 the appellant was remanded in custody in England for new offences. On 8 November 2012, at an adjou......

Joseph Anthony Henderson v. Her Majesty's Advocate [2013] HCJAC 28

Criminal Note of Appeal Against Conviction:- The appellant was convicted after trial of three charges of lewd and libidinous behaviour and a fourth charge of indecent assault on indictment.  Charge 1 related to brother A, charge 2 to the younger brother B, charge 3 related to both br......

Matthew McCann v. Her Majesty's Advocate [2013] HCJAC 29

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Airdrie Sheriff Court on a charge of assault and robbery whilst on bail and an associated breach of curfew. At a continued first diet on 7 February 2012 the appellant lodged a preliminary issue min......

Tencho Hristov Andonov, Mohammed Asam Siddique & Her Majesty's Advocate v. Her Majesty's Advocate and Deyan Nikolov [2013] HCJAC 27

Criminal Note of Appeal Against Sentence:- On 29 February 2012 at the High Court in Edinburgh the appellants Andonov and Siddique and the respondent Nikolov were found guilty of a charge of murder. The appellant Andonov was also found guilty of a charge of attempted murder. The sentencing judg......

C.J.M. v. Her Majesty's Advocate [2013] HCJAC 22

Criminal Note of Appeal Against Conviction:- This remit to a bench of five judges followed the opinion of the court dated 1 June 2012. Here the court considered the admissibility of evidence tending to show that an alleged victim of sexual assault had made a false allegation of sexual assault on an......

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