http://www.scotcourts.gov.uk/opinions/2007hcjac48.html
Police Beat Confession from Mr Gilmour
APPEAL COURT, HIGH COURT OF JUSTICIARY
Lord Justice Clerk
Lord Abernethy
Lady Paton
[2007] HCJAC 48
Appeal No. XC 464/03
OPINION OF THE LORD JUSTICE CLERK
in
THE REFERRAL BY THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION
in the case of
RAYMOND McKENZIE GILMOUR
Appellant;
against
HER MAJESTY'S ADVOCATE
Respondent:
_______
For the Appellant: Shead, Miss Mitchell; Drummond Miller LLP (for Gordon Ritchie & Co, Paisley)
For the Crown: Miss Grahame, AD; Crown Agent
30 August 2007
I INTRODUCTION
[1] This is a referral by the Scottish Criminal Cases Review Commission (the Commission). It relates to the conviction of the appellant at Glasgow High Court on 7 June 1982 on the following charge:
"On 4 November 1981 in Rannoch Woods, Johnstone, you did assault [XY], aged 16 years ... and did seize her, knock her to the ground, place your hand over her mouth, strike her on the head with a piece of wood, drag her into bushes, tie a ligature round her neck, tear her clothing, pull down her tights and pants, lie on top of her and rape her, strangle her and you did murder her."
[2] The appellant appealed against the conviction on the grounds of insufficiency of evidence and misdirection. On 17 December 1982 the court refused the appeal (cf Gilmour v HM Adv, 1982 SCCR 590). In January 1993 and in November 1994 respectively the appellant unsuccessfully petitioned the Secretary of State to refer the case to this court under section 263 of the Criminal Procedure (Scotland) Act 1975.
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