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Criminal law [2016] ScotHC HCJAC_110

Davidson v HM Advocate

Davidson v HM Advocate [2016] ScotHC HCJAC_110 (22 November 2016)

Appeal against sentence in a knife-point robbery partly succeeded: the court upheld the 48-month starting point but increased the guilty-plea discount, substituting 36 months.

  • Sentencing
  • Robbery
  • Discount for guilty plea
  • Guilty-plea-discount
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Criminal law [2016] ScotHC HCJAC_23

Blackwood v HM Advocate

Blackwood v HM Advocate [2016] ScotHC HCJAC_23 (22 March 2016)

The Appeal Court upheld David Blackwood’s robbery conviction, holding the CCTV evidence supported concerted action and that the sheriff’s jury directions were correct.

  • Robbery
  • Assault
  • Theft
  • Concert (joint criminal purpose)
  • Jury directions
  • Concert-joint-criminal-purpose
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Criminal law [2015] ScotHC HCJAC_70

FRANCIS CRAWFORD AGAINST HER MAJESTY'S ADVOCATE

FRANCIS CRAWFORD AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_70 (07 August 2015)

The Appeal Court quashed an extended sentence, holding that dangerous driving is not a violent offence under section 210A of the Criminal Procedure (Scotland) Act 1995.

  • Extended sentence
  • Violent offence
  • Dangerous driving
  • Robbery
  • Criminal procedure (scotland) act 1995 section 210a
  • Extended-sentences
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Criminal law [2015] ScotHC HCJAC_46

PAUL McMANUS AGAINST HER MAJESTY'S ADVOCATE

PAUL McMANUS AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_46 (02 June 2015)

The High Court of Justiciary Appeal Court refused a sentence appeal by Paul McManus, holding that a 26-year punishment part was not excessive given the extreme violence and depravity of the offences.

  • Sentencing
  • Murder
  • Attempted murder
  • Robbery
  • Theft
  • Attempting to defeat the ends of justice
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Criminal law [2014] ScotHC HCJAC_127

Bell v HM Advocate

Bell v HM Advocate [2014] ScotHC HCJAC_127 (14 November 2014)

The Appeal Court held that identification evidence from emulator sheets did not make the rape and robbery trial unfair, despite later failures to identify at VIPER parades.

  • Identification evidence
  • Fair trial
  • Article 6 echr
  • Rape
  • Robbery
  • Assault with intent to rape
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Criminal law [2014] ScotHC HCJAC_88

OPINION OF THE LORD JUSTICE GENERAL IN THE APPEAL AGAINST CONVICTION AND SENTENCE BY PHILIP WADE AND COLIN COATS AGAINST HER MAJESTY'S ADVOCATE

OPINION OF THE LORD JUSTICE GENERAL IN THE APPEAL AGAINST CONVICTION AND SENTENCE BY PHILIP WADE AND COLIN COATS AGAINST HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_88 (29 July 2014)

Scottish appeal court refused appeals by Philip Wade and Colin Coats against conviction and sentence for murder, abduction, torture, extortion, and related offences.

  • Murder
  • Abduction
  • Torture
  • Extortion
  • Robbery
  • Defeating the ends of justice
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Criminal law [2014] ScotHC HCJAC_71

OPINION OF THE LORD JUSTICE GENERAL IN THE APPEAL AGAINST CONVICTION BY MARTIN DOCHERTY AGAINST HER MAJESTY'S ADVOCATE

OPINION OF THE LORD JUSTICE GENERAL IN THE APPEAL AGAINST CONVICTION BY MARTIN DOCHERTY AGAINST HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_71 (16 July 2014)

The High Court of Justiciary refused Martin Docherty’s appeal against conviction, upholding identification evidence and finding no material misdirection or unreasonable verdict.

  • Identification evidence
  • Dock identification
  • Admissibility of evidence
  • Jury directions
  • Robbery
  • Assault
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Criminal law [2014] ScotHC HCJAC_28

DAVID RONALD SHANKS HUNTER v. HER MAJESTY'S ADVOCATE

DAVID RONALD SHANKS HUNTER v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_28 (12 March 2014)

The High Court of Justiciary refused an appeal against conviction, holding that the jury directions on mixed statements were adequate and any error about an exculpatory denial was immaterial.

  • Misdirection
  • Mixed statements
  • Identification evidence
  • Robbery
  • Special defence of incrimination
  • Criminal-appeal
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Criminal law [2012] ScotHC HCJAC_164

THOMAS CAMERON v. HER MAJESTY'S ADVOCATE

THOMAS CAMERON v. HER MAJESTY'S ADVOCATE [2012] ScotHC HCJAC_164 (21 December 2012)

The appeal court held that a fingerprint on a living-room door inside a private flat, with no innocent explanation, was enough to let the robbery case go to the jury.

  • Sufficiency of evidence
  • Fingerprint evidence
  • Circumstantial evidence
  • Robbery
  • Fingerprint-evidence
  • Circumstantial-evidence
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Criminal law [2012] ScotHC HCJAC_91

Fletcher v HM Advocate

Fletcher v HM Advocate [2012] ScotHC HCJAC_91 (15 June 2012)

The appeal court refused Fletcher’s appeal against conviction for robbery, holding the jury’s verdict was reasonable on the total circumstantial evidence.

  • Robbery
  • Identification evidence
  • Unreasonable verdict
  • Circumstantial evidence
  • Criminal-law
  • Identification-evidence
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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.