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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 Sep 03, 2013 3:04 pm    Post subject:  Reply with quote

I hear the woman named in the last link I posted above Committed Suicide rather than face going back to prison.

Shame on Mathew Berlow.

Quote:
[11] It would be unfortunate if in deciding this appeal we had to attempt to resolve the conflicts in the evidence of the appellant and Mr Berlow, particularly since Mr Berlow was not represented in these proceedings for his own interest. I think that that course is unnecessary in the circumstances. From the evidence that we have heard there are, I think, five indisputable points. First, there is no direct evidence that before the day of the hearing the appellant had ever evinced a desire, orally or by letter, to plead guilty. Second, it seems to be accepted by Mr Berlow that, as the partner dealing with the appellant's case, he had no meeting with her to discuss the case, and may not have met her at all, before the day of the plea. Third, Mr Berlow did not give his critical advice to the appellant to plead guilty until the morning of the hearing, and then only minutes before the case was due to be called. Fourth, he gave this advice in a conversation on the pavement of a main road that was busy with traffic and passers-by. Fifth, he gave the advice with the clear and overt warning that if the appellant did not accept it, he would withdraw from acting and leave her to represent herself that day before the sheriff.


It kinda reminds me about the instruction of Bill Taylor QC in my own case.

I met him for the first time on the Friday and my trial started on the Monday.

Jim Keegan QC instructed him at the last minute because Kevin Drummond pulled out at the last minute.
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david



Joined: 01 Mar 2009
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Location: edinburgh

PostPosted: Thu Sep 05, 2013 2:22 pm    Post subject: Reply with quote

http://www.scotcourts.gov.uk/opinions/2012HCJAC130.html


appeal successful after judge failed to direct the jury properly relating to acting in concert.
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david



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PostPosted: Tue Nov 19, 2013 2:07 pm    Post subject: Reply with quote

http://www.scotcourts.gov.uk/opinions/2013HCJAC123.html

http://www.edinburghnews.scotsman...rder-conviction-quashed-1-3193923


I wonder why the media was restricted from reporting on this appeal until now?

A disgrace for the young victim's family. They all took turns assaulting him with baseball bats, kicking, stamping, yet one of the murder convictions is quashed because a judge didn't direct the jury properly.

What ever happened to Art & Part. Does the Crown Office only implement Art & Part when they feel like it.
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Big Wullie



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PostPosted: Tue Nov 19, 2013 3:00 pm    Post subject: Reply with quote

Seems more than likely you can get a murder conviction easier overturned on a misdirection than a robbery conviction.

This recent case David Highlights above and Kimberly Hainey are proof of this.
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Big Wullie



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PostPosted: Wed Nov 20, 2013 12:18 am    Post subject: Reply with quote

It seems to that even though the judges have exchanged his murder conviction for that of Culpable homicide the only people competent to decide this issue would have been the jury.

There is also the possibility the jury would have been able to convict on an ART & PART basis.

How these judges can substitute one conviction for another is beyond me.
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david



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PostPosted: Fri Nov 22, 2013 2:48 pm    Post subject: Reply with quote

http://www.scotcourts.gov.uk/opinions/2013HCCAC154.html
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Big Wullie



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PostPosted: Sun Nov 24, 2013 3:36 am    Post subject: Reply with quote

I am sorry to say this but I do not consider an appeal against sentence legitimate for the terms of Miscarriages of justice.

How can it be said someone appealing against sentence is classed as a miscarriage of justice ?
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Big Wullie



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PostPosted: Sun Dec 08, 2013 3:01 pm    Post subject: Reply with quote

One misdirection sufficient to overturn heavy duty conviction.

http://www.mirror.co.uk/news/uk-n...x-attacker-mohammed-akram-2900333

Convicted killer and sex attacker walks free after appeal judge deems 5-year-old girl incapable of giving meaningful evidence
  7 Dec 2013 07:57      

Mohammed Akram, 53, was sentenced to life after indecently assaulting a four-year-old girl during a New Year's Day party but has been freed by appeal judges.



A convicted killer and sex offender who got a life sentence for molesting a four-year-old girl has been freed by appeal judges.

A trial heard claims that Mohammed Akram, 53, sneaked into the little girl’s bedroom and indecently assaulted her during a New Year’s Day party.

But it was ruled yesterday that the conviction was unsafe after appeal judges said the child became distracted during a two-day stint as a witness.

Akram had protested his innocence since the allegation against him was first made.

Giving evidence at his trial via CCTV, the girl, then aged five, said a man had “touched her tuppy”.

Appeal court judge Lord Eassie, sitting with Lords Bracadale and Wheatley, watched footage of the child’s marathon court ordeal. They said her attention wandered, she tried to leave the room and refused to answer questions.

Lord Eassie said: “By the second day, if not earlier, the child had been rendered incapable of engaging meaningfully with the process of giving evidence.”

The judge said because of that, the girl could not be questioned properly by Akram’s lawyer.

But what finally gained Akram his freedom was the way trial judge Lord Brodie gave the jury instructions on how to consider DNA evidence and whether it backed up the little girl’s story.

Advocate depute Iain McSporran, for the Crown, conceded that it was “a material misdirection” which amounted to a miscarriage of justice.

After he was initially convicted of indecently assaulting the girl on New Year’s Day in 2011, it was revealed that Akram had been caged for five years in 1979 for culpable homicide.

In 2003, he was jailed for eight years for a sex attack on a 16-year-old student and he was still on licence at the time of the 2011 allegation. Lord Brodie judged Akram to be a danger to the public and handed him a lifelong restriction order.

He ordered Akram to serve a minimum of one year but warned that he would stay in jail until the parole board agreed he no longer posed a threat.

After Akram was freed yesterday, Children 1st chief executive Anne Houston said: “The failure of the authorities to act in the best interests of a very young victim and to consider how she might have been better supported to give her best evidence has undoubtedly led to this outcome. Such a young child should never have been expected to give evidence over two days.”

Scottish Labour justice spokes-man Graeme Pearson said: “Cases like these try the public’s patience. If the key issue was a misdirection, then there is nothing to be lost in a retrial.

“In addition, the expectation of a five-year-old participating in a two-day examination for the court is unreasonable.”

Tam Baillie, Scotland’s Commissioner for Children and Young People, said: “Expecting a very young child to go through the gruelling process of giving evidence for an extended period of time is inappropriate.

“We must look at the best ways to ensure that the evidence of very young children can be heard and taken into account.”
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david



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PostPosted: Sun Dec 08, 2013 3:04 pm    Post subject: Reply with quote

I wonder if the opinion will be available. These opinions have a habit of not being published.
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Big Wullie



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PostPosted: Sun Dec 08, 2013 3:42 pm    Post subject: Reply with quote

david wrote:
I wonder if the opinion will be available. These opinions have a habit of not being published.


I certainly cannot find any statement of reasons on the courts pages.


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