[2019] HCJAC 36 HCA/2018/275/XC Lord Justice General Lord Drummond Young Lord Turnbull
APPEAL COURT, HIGH COURT OF JUSTICIARY [2019] HCJAC 36 HCA/2018/275/XC Lord Justice General Lord Drummond Young Lord Turnbull OPINION OF THE COURT delivered by LORD CARLOWAY, the LORD JUSTICE GENERAL in NOTE OF APPEAL AGAINST CONVICTION by CHRISTOPHER WILSON Appellant against HER MAJESTY’S ADVOCATE Respondent Appellant: A Ogg (sol adv); Nigel Beaumont & Co Respondent: Borthwick AD; the Crown Agent 14 June 2019 Introduction [1] On 27 April 2018, at the Sheriff Court in Edinburgh, the appellant was convicted of a charge which libelled that: “(3) between 1 ... and 24 November 2017 at ... Lawfield Road ... Laurelbank Place and ... Kippielaw Park, all Mayfield; ... Parkhead Place and Easthouses Road, both Easthouses, all Dalkeith ... you ... did assault [CC], your partner ... and did repeatedly 2 punch and kick her on the head and body, repeatedly cause her to fall to the ground, seize her by the hair and drag her across the floor, seize her by the throat and apply pressure causing her to struggle to breathe, seize her by her clothing and drag her by same, repeatedly kick her on the head, push her into a bath, forcibly pin her down and turn on the tap of said bath, throw a remote control at her, throw a television at her, spit on her, empty the contents of an ashtray on her ... strike her on the body with a vacuum cleaner, repeatedly chase her, push her on the body all to her injury; you ... did commit this offence while on bail, having been granted bail on 4 September 2017 at Edinburgh Sheriff Court and it will be proved in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 that the aforesaid offence was aggravated by involving abuse of your partner or ex-partner.” He had been acquitted, following a no case to answer submission, of a breach of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 by, between the same dates and at the same loci, damaging various household items (see complainer’s evidence on the first incident (infra)).
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