Euan A. Dow, Advocate’s Case Law Summaries

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Callum Rae v. Her Majesty’s Advocate [2021] HCJAC 13

Note of appeal against sentence:- The appellant pled guilty under the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to two charges:- (1) rape to injury of a child under the age of 13, contrary to sections 18, 19 and 20 of the Sexual Offences (Scotland) Act 200......

James Russell v. Her Majesty’s Advocate [2021] HCJAC 24

Bill of Advocation:- On 22 December 2020, at Falkirk Sheriff Court, the sheriff refused to determine the complainer’s application for a bail review of an earlier ruling not to allow him bail on the basis that he regarded the application as incompetent because the Sheriff Appeal Court had pre......

The Representative of The Late Abdelbaset Ali Mohamed Al Megrahi v. (1) Her Majesty’s Advocate and (2) Her Majesty’s Advocate General [2021] HCJAC 25

Application for permission to appeal to the Supreme Court of the United Kingdom:- Here the applicant sought permission to appeal to the Supreme Court of the United Kingdom. The applicant contended that there were four Article 6 compatibility issues arising from the refusal of his appeal against his......

Mark William Duthie v. Her Majesty’s Advocate [2021] HCJAC 23

Note of appeal against conviction:- On 19 February 2020, at Edinburgh High Court, the appellant was convicted of 29 charges following trial largely relating to conduct during his relationships with seven women over a 15 year period including three charges of rape  involving DC in 200......

Her Majesty’s Advocate v. Ronald James Alexander Adams [2021] HCJAC 19

Crown appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:- On 6 November 2018 the respondent was indicted to a Preliminary Hearing at Glasgow High Court in relation to 5 charges relating to GA:- (1) indecent assault to injury in Dalbeattie and Castle Douglas between 1999 and 2......

Procurator Fiscal, Kilmarnock v. (1) Daniel Ward, (2) Martin MacAulay and (3) Ryan Walker [2021] HCJAC 20

Appeal from the Sheriff Appeal Court:- The respondents appeared on summary complaint and proceeded to trial at Glasgow Sheriff Court in relation to a charge of breach of the peace in the following terms:- ““on 19 July 2017 at Celtic Park Football Stadium ... you … did conduct yourselves in a ......

John Anderson v. Her Majesty’s Advocate [2021] HCJAC 18

Note of appeal against sentence:- The appellant pled guilty at a first diet at Edinburgh Sheriff Court to a number of charges:- (1) shipbreaking with intent to steal; (2) possession of a knife in a public place contrary to section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995; ......

Procurator Fiscal, Kilmarnock v. Stephen Motroni [2021] HCJAC 17

Crown Petition to the Nobile Officium:- The respondent appeared on summary complaint in relation to two charges of lewd, indecent and libidinous practices and behaviour towards two persons from 1992 to 2001 and 1992 to 1999 at locations in Ayrshire and also at addresses in Italy. No objection to th......

Ronald McMahon v. Her Majesty’s Advocate [2021] HCJAC 14

Note of appeal against sentence:- On 26 November 2020, at a Preliminary Hearing at Glasgow High Court, the appellant pled guilty to a charge of having in his possession, at an address in Paisley without the authority of the Secretary of State or the Scottish Ministers, a firearm which was disguised......

Faryad Darbazi v. Her Majesty’s Advocate [2021] HCJAC 10

Note of appeal against conviction:- On 14 February 2020, following a trial at Glasgow Sheriff Court, the appellant was found guilty of a charge of penetrative sexual assault contrary to section 2 of the Sexual Offences (Scotland) Act 2009. On 13 March 2020, following the obtaining of a Criminal Jus......

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