Sim & Ors, Appeals Against Conviction And Sentence By [2016] ScotHC HCJAC_48 (19 May 2016)

Sim & Ors, Appeals Against Conviction And Sentence By [2016] ScotHC HCJAC_48 (19 May 2016)

The trial judge's directions on concert, self defence, and evidence were clear and correct when read as a whole; there was no misdirection or imbalance sufficient to constitute a miscarriage of justice; no evidence supported the special defence of self defence; the punishment parts of the sentences were severe but...

Source-derived case information.

Citation
[2016] ScotHC HCJAC_48
Parties
Appellant: Gary William Sim; Appellant: James Edward Watson; Appellant: Paul John Watson; Respondent: Her Majesty’s Advocate
Jurisdiction
Scotland
Judgment Date
19 May 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeals against conviction and sentence refused
Legal Topics
Murder, Art and Part Guilt, Concert, Self Defence, Jury Directions, Sentence Appeal
Criminal Law Murder Art and Part Guilt Concert Self Defence Jury Directions Sentence Appeal

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Summary, issues, holding and outcome

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Parties

Gary William Sim

Appellant

James Edward Watson

Appellant

Paul John Watson

Appellant

Her Majesty’s Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on concert and art and part guilt
  2. 2 Whether the directions on self defence and defence of others were erroneous
  3. 3 Whether the judge's charge was imbalanced or confusing

Ratio Decidendi

The trial judge's directions on concert, self defence, and evidence were clear and correct when read as a whole; there was no misdirection or imbalance sufficient to constitute a miscarriage of justice; no evidence supported the special defence of self defence; the punishment parts of the sentences were severe but justified given the violence and criminal records; all appeals against conviction and sentence are refused.

Court Disposition

appeals against conviction and sentence refused

Orders

  • Convictions and sentences affirmed
  • Punishment parts of 20 years for life sentences upheld