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Recent Successful Appeals In Scotland
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Tue May 26, 2009 12:59 am    Post subject: Recent Successful Appeals In Scotland  Reply with quote

I think it very useful for those fighting Injustice's in Scotland to read all recent successful appeals so I will endeavor to list as many as possible here when they are decided:


Kevin Herity & Graeme McCrory

http://www.scotcourts.gov.uk/opinions/2009HCJAC46.html

Paul Dewar:

http://www.scotcourts.gov.uk/opinions/2009HCJAC40.html

Stephen McGuire Referred by SCCRC:

http://www.scotcourts.gov.uk/opinions/2009HCJAC48.html

One to watch out for is Graham Gordon which can be viewed here but not the appeal yet:

Graham Gordon Preliminary:

http://www.scotcourts.gov.uk/opinions/2009HCJAC52.html

Thomas Wilson, 2008:

http://www.scotcourts.gov.uk/opinions/2009HCJAC30.html

Most Appeals can be found here:

http://www.scotcourts.gov.uk/opin...?searchtype=supreme&txt=False

But not all appeals are published, Some remain Unreported for reasons unknown.
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Last edited by Big Wullie on Tue May 26, 2009 1:41 am; edited 2 times in total
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Tue May 26, 2009 1:15 am    Post subject: successful appeals Reply with quote

wullie

I agree, successful appeals are beneficial to innocent people fighing their cases in the context that there could be a ground of appeal that pops up that could help your case.

Also agree the Graham Gordon case is interesting and similar to my case in the context that the complainer stated she was attacked in car park then changed her story.


David


http://www.freewebs.com/ferniesidethreecampaign/
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Tue May 26, 2009 1:20 am    Post subject: Reply with quote

David

The corroboration of the "mens rea" in your case is also very interesting.

I cannot believe you were charged with acting art and part either for something you obviously never set out to do, For something that happened in your friends house is ridiculous.

The misdirection on the Forensic Expert is also shocking that no-one else has ever seen.

I hope the Innocent take up your very worthy case soon.



Wullie
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david



Joined: 01 Mar 2009
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Location: edinburgh

PostPosted: Tue May 26, 2009 1:33 am    Post subject: mens rea Reply with quote

wullie

One ground submitted to the SCCRC on our behalf encrouched upon the aspect of mens rea. The SCCRC refused this ground and referred to HMA v Graham Gordon http://www.scotcourts.gov.uk/opinions/XC391.html in refusing it.

We now know they were actually investigating and treating the Gordon case as an alleged Miscarriage of Justice at the same time they were using his case to refuse the mens rea ground in our case. The SCCRC also used the Gordon case in refusing gursebh Singh.They have now referred the Gordon case to the appeal court. The case will be called shortly after his lawyers waiting nearly 2 years on the Crown releasing documents pertinent to the appeal. What makes that even more disgraceful is the fact parts of his appeal refer to the Crown not disclsoing information in the first place prior to trial.


Thats the Crown for you.



david
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kevin donald



Joined: 29 Oct 2007
Posts: 287



PostPosted: Thu Jun 18, 2009 11:20 am    Post subject: Reply with quote

CJLS V Hma.  Conviction quashed.

http://www.scotcourts.gov.uk/opinions/2009HCJAC57.html

Wilson, Murray appeal.

http://www.scotcourts.gov.uk/opinions/2009HCJAC58.html

Scandal. R-I-P Brian.
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scotkaz



Joined: 28 Aug 2008
Posts: 601



PostPosted: Thu Jun 18, 2009 2:24 pm    Post subject: Reply with quote

Quote:
I think it very useful for those fighting Injustice's in Scotland to read all recent successful appeals so I will endeavor to list as many as possible here when they are decided:


this is a great idea Wullie. People can then see what is allowed and what helps to win an appeal.

It can only be of help to the men and women who are trying to appeal their convictions.

Well done! Smile
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Big Wullie



Joined: 25 Apr 2007
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Location: Glasgow

PostPosted: Thu Jun 18, 2009 4:35 pm    Post subject: Julie Britz Reply with quote

Julie Britz

Though this case is from 2006 I feel some will benefit from it as it touches on Holland and Identification Evidence.

Holland being one of the issues stressed in Wullie Gage's appeal which has recently been referred by SCCRC.

[2006] HCJAC 90
Appeal No: XC334/06 and XC335/06

http://www.scotcourts.gov.uk/opinions/2006HCJAC90.html
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scotkaz



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PostPosted: Thu Jun 18, 2009 11:59 pm    Post subject: Reply with quote

Will have a look at that appeal Wullie.

You are on the ball with this stuff.

You really should take up the law professionally.
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Big Wullie



Joined: 25 Apr 2007
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Location: Glasgow

PostPosted: Sun Jun 28, 2009 12:24 am    Post subject: No Corroboration Of Mens Rea Reply with quote

The following case will have ramifications for many rape convictions for the following reason

[28] In the light of the foregoing material, and in the context of the other circumstances of the case, we have concluded that there was no evidence capable of giving rise to the inference of mens rea on the part of the appellant, coming from a source other than the complainer.

Basically it was her word against his, even signs of distress are not enough to corroborate her word.

Reminds me of the Fernieside Three case only their case is more shocking because there was three witness's against the complainer who all said the same thing, only their case was rejected and flung out by SCCRC without investigation.

SCCRC also used the Graham Gordon case against these three and they have just referred the Gordon case back for appeal.

http://www.scotcourts.gov.uk/opinions/2009HCJAC57.html

Once again "David" I think you should go back to the commission.
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Big Wullie



Joined: 25 Apr 2007
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Location: Glasgow

PostPosted: Sun Aug 09, 2009 3:58 am    Post subject: Reply with quote

Apparently the SCCRC does not rule out an application to the Nobile Officium:

http://www.scotcourts.gov.uk/opinions/2009HCJAC67.html


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