Recent Successful Appeals In Scotland

Big Wullie · Recent Successful Appeals In Scotland

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.

david · successful appeals

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/

Big Wullie

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

david · mens rea

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

kevin donald

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.

scotkaz

Big Wullie · Julie Britz

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

scotkaz

Will have a look at that appeal Wullie.

You are on the ball with this stuff.

You really should take up the law professionally.

Big Wullie · No Corroboration Of Mens Rea

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.

Big Wullie

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

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

Iain McKie

As I referred to in my posting, 'The Way Ahead', it is the positive, non-judgemental and constructive sharing of information that will most assist those seeking justice.

This thread by Big Wullie is an excellent example of this approach and, without taking anything away from other valuable contributors to this forum, I cannot commend him enough for his work on behalf of others while still engaged on his own long, difficult and at times frustrating fight for justice.

Those engaged in such a struggle are faced with two critically important organisations.

On the one hand we have the Crown wedded to the establishment, totally failing in its duty as defender of the public interest , determined to retain its the existing power base in Scotland and failing to listen to those who have suffered injustice.

On the other we have the SCCRC who I would argue are showing signs of listening and being prepared to alter their views when faced with logical and well researched arguments.

It is in assisting those approaching such ‘listening’ organisations and individuals that Wullie’s work is so important.

scotkaz

I agree with you Mr McKie

Wullie has taught me a lot about the judicial system and appeals.
He has worked hard on getting appeals onto this forum that could be beneficial to others fighting for justice.

People might at times disagree on some things on forums but we really should all be working together as one. We all want the same end result.
That result is Justice to be done and seen to be done for all who need it.

Big Wullie · Forensic Evidence Not Infallible

This case hinged entirely on Forensic evidence if I remember rightly.

Big Wullie · Judges Must Direct Juries Properly

Judges must at all times direct a Jury Properly

http://www.scotcourts.gov.uk/opinions/2009HCJAC74.html

Big Wullie · No Such Charges "Breach Of The Peace"

The interpretation of what constitutes a Breach Of The Peace is called into question in this case.

http://www.scotcourts.gov.uk/opinions/2009HCJAC80.html

Recent Successful Appeals In Scotland

successful appeals

mens rea

Julie Britz

No Corroboration Of Mens Rea

Forensic Evidence Not Infallible

Judges Must Direct Juries Properly

No Such Charges "Breach Of The Peace"