SCCRC Referrals

scotkaz · SCCRC Referrals

James Rough Referral

http://www.sccrc.org.uk/viewfile.aspx?id=403

1.1 Mr Rough was convicted at Perth Sheriff Court on 17 April 2008 of a
contravention of section 49C(1)(a) of the Criminal Law (Consolidation) (Scotland)
Act 1995 (the possession of an offensive weapon) and assault to injury; and was
sentenced, after discount, to four months’ imprisonment for the possession of an
offensive weapon, to run consecutively to a sentence of five and a half months
imprisonment for the assault.
2.0 Reason for Referral
2.1 The basis of this referral is that the Commission believes that the initial
starting points selected for the sentences to be imposed may have resulted in a
miscarriage of justice.

scotkaz

James Casey Referral
http://www.sccrc.org.uk/viewfile.aspx?id=405

1.0 Background
1.1 On 15 January 1991, at the High Court at Inverness, Mr Casey appeared for
trial on an indictment which charged that on 16 or 17 September 1990 he and
George Douglas Cameron McNairn robbed and murdered Ian David MacBeth,
the manager of the Social and Recreational Club, Castle Road, Invergordon. Mr
Casey and Mr McNairn were also charged with stealing a motor car. Mr McNairn
was charged with driving the motor car without insurance.
1.2 On 7 February 1991, the jury unanimously found Mr Casey guilty of both
charges. Mr Casey’s co-accused was convicted of robbery on the first charge
and of the other two charges. Mr Casey was sentenced to life imprisonment with
a minimum recommendation of 20 years which was reduced on appeal to life
imprisonment with a punishment part of 11 years.
1.3 Mr Casey’s appeal against conviction was refused by the High Court on 3
July 1992.
2.0 Evidence at the Trial
2.1 The main evidence against Mr Casey consisted of forensic evidence of
bloodstained clothing, including two pairs of gloves, and other items
bundled together in a black bin liner bearing Mr Casey’s fingerprints and
disposed of by him following the murder.
3.0 Grounds that the Commission Rejected
3.1 The Commission considered and rejected submissions to the effect that a
scientific report subsequently obtained by Mr Casey constituted fresh evidence,
or alternatively that the failure by Mr Casey’s legal representatives to obtain such
a report for trial amounted to defective representation. Further grounds of nondisclosure
and unreasonable verdict were also considered and rejected, as were
all the grounds of appeal previously considered and rejected by the High Court.
4.0 Reason for Referral
4.1 The Commission instructed DNA analysis of the two pairs of gloves found
within the black bin liner. The DNA findings constitute fresh evidence of such
significance that the verdict of the jury, reached in ignorance of its existence, may
have led to a miscarriage of justice.