FANDOM


Referral by the Scottish Criminal Case Review Commission:- In 2003 the appellant stood trial and was convicted of a charge of assault, a contravention of the Firearms Act 1968 section 1(1)(a) and a charge of attempting to pervert the course of justice. A cumulo sentence of four years in respect of the common law offences was imposed and a consecutive sentence of two years was imposed in respect of the firearms offence and the six years sentence of imprisonment was back dated to 12 July 2002. The appellant sought leave to appeal in respect of the firearms charge and the sentence of six years. The appeal against conviction did not pass the first or second sift procedure and the appeal against sentence was refused. Subsequently the appellant lodged an application relating to the firearms charge with the Scottish Criminal Cases Review Commission. The Commission carried out investigations, and ultimately referred the case to the High Court of Justiciary in terms of section 194B of the Criminal Procedure (Scotland) Act 1995. The appellant then lodged a further Note of Appeal relating to the trial judge repelling the no case to answer submission at the end of the Crown case in relation to the firearms charge at the original trial. Here the court considered whether there was sufficient evidence to entitle a jury to draw an inference beyond reasonable doubt that the appellant had knowledge and control of a rifle concealed in a cupboard.

External Link:http://www.casecheck.co.uk/CaseLaw/tabid/1184/EntryID/11370/Default.aspx

Full judgement here...