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Criminal law [2024] ScotHC HCJAC_7

APPEAL BY DAVID DI PINTO AGAINST PF GLASGOW

APPEAL BY DAVID DI PINTO AGAINST PF GLASGOW [2024] ScotHC HCJAC_7 (02 February 2024)

The court held that “hun” was not so notorious as to be judicially known as a sectarian term for Protestants, and allowed the appeal in part.

  • Breach of the peace
  • Religious aggravation
  • Judicial knowledge
  • Sectarian language
  • Football banning orders
  • Judicial-knowledge
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Criminal law [2022] ScotHC HCJAC_46

APPEAL BY PF EDINBURGH AGAINST FAISAL AZIZ

APPEAL BY PF EDINBURGH AGAINST FAISAL AZIZ [2022] ScotHC HCJAC_46 (13 December 2022)

The High Court restored a taxi driver’s conviction under section 7 of the 2009 Act, holding his sexual remark to two strangers could be inferred as made for sexual gratification.

  • Sexual verbal communication
  • Sexual gratification
  • Breach of the peace
  • Notification requirements
  • Sexual autonomy
  • Sexual-offences
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Criminal law [2022] ScotHC HCJAC_12

APPEAL AGAINST CONVICTION BY STEVEN JOSEPH JAMES STALLEY

APPEAL AGAINST CONVICTION BY STEVEN JOSEPH JAMES STALLEY [2022] ScotHC HCJAC_12 (11 February 2022)

The Appeal Court held that the judge inadequately directed the jury on mutual corroboration, but the conviction appeal was refused because no miscarriage of justice occurred.

  • Mutual corroboration
  • Rape
  • Sexual assault
  • Assault
  • Breach of the peace
  • Stalking
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Criminal law [2021] ScotHC HCJAC_20

APPEAL FROM THE SHERIFF APPEAL COURT BY THE PROCURATOR FISCAL, GLASGOW AGAINST (1) DANIEL WARD; (2) MARTIN MACAULAY; and (3) RYAN WALKER

APPEAL FROM THE SHERIFF APPEAL COURT BY THE PROCURATOR FISCAL, GLASGOW AGAINST (1) DANIEL WARD; (2) MARTIN MACAULAY; and (3) RYAN WALKER [2021] ScotHC HCJAC_20 (04 March 2021)

The High Court restored convictions for breach of the peace, holding that IRA-related imagery on T-shirts was within judicial knowledge and needed no corroborated proof.

  • Breach of the peace
  • Judicial knowledge
  • Corroboration
  • Terrorism imagery
  • Evidence
  • Breach-of-the-peace
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Criminal law [2020] ScotHC HCJAC_37

Ahmed v Her Majesty's Advocate

Ahmed v Her Majesty's Advocate [2020] ScotHC HCJAC_37 (18 September 2020)

The Appeal Court upheld an appeal after finding the trial sheriff improperly cross-examined the accused, causing a miscarriage of justice.

  • Judicial bias
  • Mutual corroboration
  • Section 38(1) criminal justice and licensing (scotland) act 2010
  • No case to answer submission
  • Breach of the peace
  • Judicial questioning
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Criminal law [2017] ScotHC HCJAC_69

WOTHERSPOON, APPEAL FROM THE SHERIFF APPEAL COURT BY v PROCURATOR FISCAL, GLASGOW

WOTHERSPOON, APPEAL FROM THE SHERIFF APPEAL COURT BY v PROCURATOR FISCAL, GLASGOW [2017] ScotHC HCJAC_69 (23 August 2017))

The High Court allowed David Wotherspoon’s appeal, holding that his conduct in wearing a bra at home was not enough to constitute breach of the peace.

  • Breach of the peace
  • Criminal procedure
  • Standards of proof
  • European convention on human rights compliance
  • Breach-of-the-peace
  • Criminal-appeal
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Criminal law [2017] ScotHC HCJAC_43

Henderson v HM Advocate

Henderson v HM Advocate [2017] ScotHC HCJAC_43 (14 June 2017)

Appeal against conviction refused where lost CCTV images were not shown to be relevant and their absence did not cause a miscarriage of justice.

  • Breach of the peace
  • Disclosure
  • Fair trial
  • Cctv evidence
  • Miscarriage of justice
  • Criminal-appeal
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Criminal law [2016] ScotHC HCJAC_66

McBRIDE, NOTE OF APPEAL AGAINST CONVICTION BY (aka GUY RITCHIE) v HER MAJESTY'S ADVOCATE

McBRIDE, NOTE OF APPEAL AGAINST CONVICTION BY (aka GUY RITCHIE) v HER MAJESTY'S ADVOCATE [2016] ScotHC HCJAC_66 (16 August 2016)

The High Court of Justiciary refused an appeal against conviction, holding that a jury-direction error on section 39 stalking was not material and caused no miscarriage of justice.

  • Breach of the peace
  • Stalking
  • Misdirection
  • Jury instructions
  • Miscarriage of justice
  • Criminal-law
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Criminal law [2016] ScotHC HCJAC_42

Martin v HM Advocate

Martin v HM Advocate [2016] ScotHC HCJAC_42 (29 April 2016)

The appeal court held there was sufficient circumstantial evidence to identify the appellant in a series of fire-raising and theft charges, and refused the appeal.

  • Fire-raising
  • Theft
  • Breach of the peace
  • Evidence
  • Corroboration
  • Sentencing
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Criminal law [2015] ScotHC HCJAC_65

BRADLEY HANNON AGAINST HER MAJESTY'S ADVOCATE

BRADLEY HANNON AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_65 (29 July 2015)

The Appeal Court held that an aggregate sentence on a 16-year-old offender was excessive and halved each custodial sentence, leaving the supervised release order in place.

  • Sentencing
  • Youth offenders
  • Breach of the peace
  • Bail conditions
  • Knife crime
  • Youth-offenders
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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.