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SCCRC Referrals
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scotkaz



Joined: 28 Aug 2008
Posts: 601



PostPosted: Fri Sep 11, 2009 12:59 pm    Post subject: SCCRC Referrals  Reply with quote

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.
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scotkaz



Joined: 28 Aug 2008
Posts: 601



PostPosted: Fri Sep 11, 2009 1:02 pm    Post subject: Reply with quote

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.
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Tue Dec 03, 2013 12:38 am    Post subject: Reply with quote

The SCCRC have referred this case to the Appeal Court

http://www.paisleydailyexpress.co...lly-evil-by-judge-87085-21684145/


http://www.sccrc.org.uk/ViewFile.aspx?id=604
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Thu Mar 13, 2014 1:05 am    Post subject: Reply with quote

SCCRC referral: Dec 2013

http://www.sccrc.org.uk/ViewFile.aspx?id=605


Last edited by david on Thu Mar 13, 2014 1:07 am; edited 1 time in total
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Thu Mar 13, 2014 1:07 am    Post subject: Reply with quote

SCCRC Referral : Feb 2014


http://www.sccrc.org.uk/ViewFile.aspx?id=606
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Fri Apr 11, 2014 12:09 pm    Post subject: Reply with quote

SCCRC referred this case because they conclude that 9 years imprisonment is excessive for rape and incest.

Waste of  SCCRC funding if you ask me

http://www.sccrc.org.uk/ViewFile.aspx?id=605



Appeal rejected-


http://www.scotcourts.gov.uk/opinions/2014HCJAC31.html
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nugnug



Joined: 15 Feb 2010
Posts: 1341


Location: london

PostPosted: Sat Apr 12, 2014 8:33 pm    Post subject: Reply with quote

i dident know sentences were within there remit.
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Sun Apr 13, 2014 1:00 am    Post subject: Reply with quote

It detracts from the Innocent in my opinion.

It also takes resources away which would normally be used to help those protesting Innocence.
_________________
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Dum spiro spero.
Militamus sub spe.
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Sun Apr 13, 2014 1:02 am    Post subject: Reply with quote

david wrote:
SCCRC referred this case because they conclude that 9 years imprisonment is excessive for rape and incest.

Waste of  SCCRC funding if you ask me

http://www.sccrc.org.uk/ViewFile.aspx?id=605



Appeal rejected-


http://www.scotcourts.gov.uk/opinions/2014HCJAC31.html


When someone pleads guilty to such heinous charges they deserve all they get.

They are lucky I am not on the bench.
_________________
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Militamus sub spe.
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nugnug



Joined: 15 Feb 2010
Posts: 1341


Location: london

PostPosted: Sun Apr 13, 2014 11:23 am    Post subject: Reply with quote

i totally agree with that comment wullie i don't think 9  years was enough.

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