The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair … Continue reading Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004
A short point as to the direction given in respect of an offence charged under section 4(3)(b) of the Misuse of Drugs Act 1971, namely being concerned in supplying a controlled drug, here a class A drug, to another. Citations: [2019] EWCA Crim 420, [2019] WLR(D) 135 Links: Bailii, WLRD Statutes: Misuse of Drugs Act … Continue reading Coker, Regina v: CACD 28 Feb 2019
The defendant appealed against her conviction saying that the Sheriff’s admission of certain evidence was a breach of her human rights. A telephone call from prison had been intercepted (routinely), from which the police had anticipated the importation of drugs to the prison by the defendant. Held: The interception was allowed under the 1989 Act, … Continue reading Dudley v Her Majesty’s Advocate: HCJ 7 Feb 2003
PC High Court of Justiciary (Scotland) The defendant said that a trial under the section infringed his right to a fair trial, because of a ten month delay by the prosecutor. On arrest he had been recalled to serve the remainer of a sentence, and served longer than the 110 day maximum before his case … Continue reading Gary Follen v Her Majesty’s Advocate: PC 8 Mar 2001
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient. Held: Where a prosecutor was aware that a plea of guilty was being entered because a defendant expected to have a particular sentence passed (in that case a … Continue reading Attorney General’s Reference (Number 8 of 2004) (Dawson and Others): CANI 15 Apr 2005
Lord Justice Popplewell, , Mr Justice Spencer, , His Honour Judge Kearl QC Recorder of Leeds [2021] EWCA Crim 1921 Bailii Misuse of Drugs Act 1971 4(3)(b) England and Wales Criminal Sentencing Updated: 02 January 2022; Ref: scu.670485
The defendant had been convicted of an offence of supplying drugs whilst on licence for a similar offence. The court considered a request for an order under the 2002 Act. Lord Boyd of Duncansby [2014] ScotHC HCJ – 112 Bailii Criminal Procedure (Scotland) Act 1995 76, Misuse of Drugs Act 1971 4(3)(b), Proceeds of Crime … Continue reading HM Advocate v McAllister: HCJ 7 Oct 2014
Appeal from conviction for supply of controlled drugs . .
The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in order to establish guilt either of a contravention … Continue reading Salmon and Moore v Her Majesty’s Advocate: HCJ 13 Nov 1998
Two counts of being concerned in the supply of class A drugs, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 – 59 months’ imprisonment Judges: Lady Justice Carr DBE Mr Justice Wall Her Honour Judge Dhir QC Citations: [2022] EWCA Crim 83 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 07 … Continue reading Morar, Regina v: CACD 28 Jan 2022
