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Criminal law [2018] ScotHC HCJAC_42

BOWMAN, APPEAL AGAINST SENTENCE BY AGAINST HER MAJESTY'S ADVOCATE

BOWMAN, APPEAL AGAINST SENTENCE BY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_42 (14 June 2018)

The court allowed Bowman’s sentence appeal, holding that his intention to plead guilty had been indicated earlier during bona fide Crown discussions and merited a larger discount.

  • Sentence discount
  • Plea of guilty
  • Serious organised crime
  • Bail aggravation
  • Sentence-discount
  • Guilty-plea
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Criminal law [2014] ScotHC HCJAC_44

ASHOK KALYANJEE v. HER MAJESTY'S ADVOCATE

ASHOK KALYANJEE v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_44 (23 May 2014)

The Appeal Court refused Ashok Kalyanjee’s challenge to his murder conviction, holding that later psychiatric evidence did not justify upsetting his guilty plea.

  • Miscarriage of justice
  • Fresh evidence
  • Diminished responsibility
  • Plea of guilty
  • Psychiatric evidence
  • Fresh-evidence
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Criminal law [2012] ScotHC HCJAC_88

Telford v HM Advocate

Telford v HM Advocate [2012] ScotHC HCJAC_88 (26 April 2012)

The court refused leave to appeal to the Supreme Court, holding that it had not determined any devolution issue and that the application was late and unsupported.

  • Murder
  • Plea of guilty
  • Withdrawal of plea
  • Devolution issues
  • Notice of charge
  • Professional conduct
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Criminal law [2011] ScotHC HCJAC_129

Gemmell & Ors v HM Advocate

Gemmell & Ors v HM Advocate [2011] ScotHC HCJAC_129 (20 December 2011)

Conjoined sentencing appeals in which the court reviewed guilty plea discounts, public protection, extended sentences, disqualification, and penalty points.

  • Sentence discounting
  • Plea of guilty
  • Public protection element
  • Extended sentences
  • Road traffic offences
  • Statutory minimum sentences
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Criminal law [2011] ScotHC HCJAC_67

McLean v HM Advocate

McLean v HM Advocate [2011] ScotHC HCJAC_67 (08 July 2011)

The appeal court refused Duncan McLean’s appeal against conviction, holding that his guilty plea was not vitiated by later changes to the law on police interview evidence.

  • Admissibility of evidence
  • Plea of guilty
  • European convention on human rights
  • Miscarriage of justice
  • Ultra vires actions
  • Criminal-appeals
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Criminal law [2011] ScotHC HCJAC_2

Balgowan v HM Advocate

Balgowan v HM Advocate [2011] ScotHC HCJAC_2 (12 January 2011)

The Appeal Court held that a withdrawn restricted plea of guilty brought no utilitarian benefit, so no sentence discount was due under section 196(1).

  • Sentencing
  • Plea of guilty
  • Utilitarian value
  • Discount for guilty plea
  • Criminal-sentencing
  • Guilty-plea-discount
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Criminal law [2010] ScotHC HCJAC_103

McMillan v HM Advocate

McMillan v HM Advocate [2010] ScotHC HCJAC_103 (12 October 2010)

The Appeal Court held that the appellant’s mistaken assumption about the complainer’s age did not amount to a reasonable excuse, so no miscarriage of justice arose.

  • Sexual offences prevention orders
  • Reasonable excuse defence
  • Plea of guilty
  • Miscarriage of justice
  • Risk assessment orders
  • Criminal-law
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Criminal law [2010] ScotHC HCJAC_55

Bowes v Procurator Fiscal, Aberdeen

Bowes v Procurator Fiscal, Aberdeen [2010] ScotHC HCJAC_55 (08 June 2010)

The court refused suspension of Bowes’s conviction for breach of the peace, holding his sexual remarks to a 14-year-old in a public taxi were criminal and his guilty plea stood.

  • Breach of the peace
  • Sexual offences
  • Plea of guilty
  • Suspension of conviction
  • Miscarriage of justice
  • Breach-of-the-peace
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Criminal law [2009] ScotHC HCJAC_17

Allan v. Her Majesty's Advocate

Allan v. Her Majesty's Advocate [2009] ScotHC HCJAC_17 (13 February 2009)

The Appeal Court reduced Allan’s extended sentence, holding that insufficient weight had been given to his cognitive impairment. It also stated that informal sentence indications should not be given.

  • Sentence indication
  • Extended sentence
  • Attempted murder
  • Plea of guilty
  • Judicial procedure
  • Criminal-sentencing
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Criminal law [2007] ScotHC HCJAC_47

Pickett v. Her Majesty's Advocate

Pickett v. Her Majesty's Advocate [2007] ScotHC HCJAC_47 (23 August 2007)

The court refused Scott Pickett’s appeal against conviction, holding that his guilty plea to a reduced charge of assault was tendered knowingly and without material misapprehension.

  • Plea of guilty
  • Miscarriage of justice
  • Withdrawal of plea
  • Legal representation
  • Assault
  • Attempted murder
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.