Items tagged with SCOTLAND

Luke Muir Mitchell v. Her Majesty's Advocate [2011] HCJAC 35

Leave to lodge additional ground of appeal in terms of section 110(4) of the Criminal Procedure (Scotland) Act 1995:- On 21 January 2005 the appellant was convicted of murder after trial. On 11 February 2005 he was sentenced to detention without limit of time with a punishment pa......

Julian Gilbey v. Her Majesty's Advocate [2011] HCJAC 30

Criminal Appeal Against Sentence:- On 19 October 2001 the appellant, a British national, was arrested attempting to board a plane bound for Taiwan at Don Muang Airport in Bangkok. In his possession was a bag containing 3.3kg of high purity heroin. On 19 September 2002 the appellant was co......

Her Majesty's Advocate v. Gareth Kerr [2011] HCJAC 17

Crown Note of Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:- The respondent has been indicted by the appellant in relation to four charges, including the following charge which is relevant to this appeal:- "(3) On 22 March 2009 at Strathmore Drive and Esk Place, bot......

Paolo Parracho v. Her Majesty's Advocate [2011] HCJAC 11

Criminal Note of Appeal Against Conviction:- The appellant went to trial at the High Court at Glasgow on 6 January 2009 on a charge of murder. On 9 January 2009 the Crown closed their case. Subsequently the defence made a "No Case to Answer" submission. During the course of the submission reference......

Thomas Hendry Shannon v. Her Majesty's Advocate [2011] HCJAC 12

Reference from the Scottish Criminal Cases Review Commission:- On 29 January 2009 at Dundee Sheriff Court the appellant pleaded guilty to a charge of contravening section 113(1)(a) of the Sexual Offences Act 2003 in that he did without reasonable excuse, breach the terms of an order by covertl......

Neil Strachan v. Her Majesty's Advocate [2011] HCJAC 3

Criminal Note of Appeal Against Conviction and Sentence:- The appellant went to trial with seven others on an indictment which contained 54 charges alleging various pedophiliac offences. The appellant was not indicted on all of the charges. The appellant was found guilty of charges (1), (......

James Petrie v. Her Majesty's Advocate [2011] HCJAC 1

Criminal Note of Appeal Against Sentence:- On 28 May 2010 the appellant was found guilty by a majority verdict of the crime of rape. On 23 June 2010 an extended sentence of 10 years, comprising of a custodial term of 7 years and an extended sentence of 3 years, was imposed.......

James Kerr Black v. Her Majesty's Advocate [2010] HCJAC 126

Criminal Note of Appeal Against Conviction:- On 24 March 2010 the appellant was convicted after trial at the High Court at Glasgow of a charge of assault and robbery and a charge of attempting to defeat the ends of justice. The appellant appealed against his conviction on the gr......

Philip McCloy & Daniel Collins v. Her Majesty's Advocate [2010] HCJAC 115

Criminal Note of Appeal Against Conviction:- On 9 December 2009 the appellants were convicted on indictment at Glasgow Sheriff Court after trial of the following charge:- "On 3 October 2008 at ... you ... did assault SL ... punch him on the head, knock him to the ground and attempt to kick him......

Darren Logan v. Her Majesty's Advocate [2010] HCJAC 109

Criminal Appeal Under Devolution Reference:- The minuter is presently being prosecuted on summary complaint at Glasgow sheriff court of two charges of having had unlawful sexual intercourse with a girl above the age of 13 and under the age of 16 years, contrary to section 5(3) of the Criminal Law (......

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