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Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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david
Joined: 01 Mar 2009 Posts: 52
Location: edinburgh
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Posted: Tue May 26, 2009 1:15 am Post subject: successful appeals |
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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: 1149
Location: Glasgow
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Posted: Tue May 26, 2009 1:20 am Post subject: |
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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 _________________ http://justiceforwulliebeck.webs.com/index.htm
http://williambeck.blogspot.com/
http://williambeck.wordpress.com/about/ |
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david
Joined: 01 Mar 2009 Posts: 52
Location: edinburgh
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Posted: Tue May 26, 2009 1:33 am Post subject: mens rea |
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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: 198
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scotkaz

Joined: 28 Aug 2008 Posts: 527
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Posted: Thu Jun 18, 2009 2:24 pm Post subject: |
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| 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!  |
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Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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scotkaz

Joined: 28 Aug 2008 Posts: 527
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Posted: Thu Jun 18, 2009 11:59 pm Post subject: |
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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 Posts: 1149
Location: Glasgow
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Posted: Sun Jun 28, 2009 12:24 am Post subject: No Corroboration Of Mens Rea |
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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. _________________ http://justiceforwulliebeck.webs.com/index.htm
http://williambeck.blogspot.com/
http://williambeck.wordpress.com/about/ |
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Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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