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Recent Successful Appeals In Scotland
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Thu Jun 26, 2014 12:33 am    Post subject:  Reply with quote

Police Tactics revealed once again Karen:

Quote:
I apologise for lying to the police in the interview, but I had to tell them what they wanted to hear; what they told me to say.

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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Sun Jul 27, 2014 9:17 pm    Post subject: Reply with quote

http://www.scotcourts.gov.uk/sear...69aa6-8980-69d2-b500-ff0000d74aa7
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Thu Oct 30, 2014 10:56 pm    Post subject: Reply with quote

Man's conviction for possessing knives quashed in "reasonable excuse" appeal


http://www.scotcourts.gov.uk/sear...eb2a6-8980-69d2-b500-ff0000d74aa7
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Fri Aug 21, 2015 1:09 pm    Post subject: Reply with quote

There is lots of cases where judges have referred to complainers as victims during trials. Everybody is innocent until proven guilty and there is no doubt that the use of the word victim to describe complainers in court is prejudicial to any defendant. It should always be up to a jury to decide if anyone is a victim.



Indecent assault conviction undermined by sheriff's "victim" references

http://www.journalonline.co.uk/Ne...p;utm_medium=twitter#.VdchGPlVikp

A man has successfully appealed against a conviction for indecent assault because the sheriff at his trial repeatedly referred to the woman concerned as "victim" rather than "complainer".

The Criminal Appeal Court in Edinburgh allowed the appeal by Giovanni Passomonti, a 22-year-old student who had been accused of climbing into a sleeping bag alongside a sleeping and intoxicated 20-year-old woman on board a yacht moored at Dunstaffnage Marina, and carrying out a sex act on her. The two were there on a university sailing club outing.

His appeal was brought on the grounds that at his trial in Oban Sheriff Court, Sheriff Douglas Small had used prejudicial language that was likely to have led the jury to believe that an offence had been committed, when that was an issue for them to decide. He was also said to have failed to direct the jury on the significance of a "mixed statement" by the accused one that is partly incriminatory and partly exculpatory.

The Crown indicated to the court that it would not oppose the appeal, and Lord Brodie, sitting with Lord Bracadale and Lord Drummond Young, agreed that it was appropriate to allow the appeal.
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frank



Joined: 09 Mar 2015
Posts: 72



PostPosted: Wed Sep 16, 2015 11:05 pm    Post subject: Reply with quote

Woman jailed for battering OAP has conviction quashed.. because victim knew sign language interpreter used in court


http://www.dailyrecord.co.uk/news...-battering-oap-conviction-6457194
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Fri Oct 30, 2015 1:43 pm    Post subject: Reply with quote

Murder conviction quashed in 2012. Judgement available today -30 October 2015

http://www.scotcourts.gov.uk/sear...af4a6-8980-69d2-b500-ff0000d74aa7


Appellant convicted after retrial in 2013

http://news.stv.tv/west-central/2...arrhead-murder-of-lynne-farquhar/

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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.