Euan A. Dow, Advocate’s Case Law Summaries

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(First) Ross MacDougall and (Second) Dawn Smith v. Her Majesty’s Advocate [2021] HCJAC 32

Notes of appeal against conviction and sentence:- Both appellants were convicted after trial of a charge of murder relating to the death of Tracy Walker in Shetland on 30 July 2019. The first appellant was sentenced, as actor, to life imprisonment with a punishment part of 23 years. The second appe......

Aaron Robert Dines known as Morrison v. Her Majesty’s Advocate [2021] HCJAC 29

Note of appeal against conviction:- On 5 November 2020, following a trial at Edinburgh High Court, the appellant was found guilty of a charge of attempted murder by repeatedly striking the complainer on the body with a knife and sentenced to 8 years imprisonment. The appellant appealed against his ......

J.B. v. Her Majesty’s Advocate [2021] HCJAC 16

Crown appeal against sentence:- On 15 September 2020, at a first diet at Edinburgh Sheriff Court, the respondent pled guilty on indictment to two charges:- (1) a contravention of section 24(1) of the Sexual Offences (Scotland) Act 2009, by repeatedly sending sexual and written communications to a g......

Craig Murray v. Her Majesty’s Advocate [2021] HCJ 3

Petition and complaint for a decision in an application for permission to appeal to the UK Supreme Court:- The applicant was found to be in contempt of court in relation to publication by him of material which was likely to lead to the identification of complainers in the trial of HMA&nbs......

(First) Gordon Dewar and (Second) Barry McLean v. Her Majesty’s Advocate [2021] HCJAC 28

Notes of appeal against sentence:- The appellants appealed against the sentences imposed against them in relation to offences of spitting at police officers during the COVID pandemic. The appeals followed the general guidance provided by the court in the Crown appeal against sentence in H.M.A. v. L......

R.A. v. Her Majesty’s Advocate [2021] HCJAC 27

Note of appeal against sentence:- The appellant was indicted to the sheriff court in relation to a charge alleging a contravention of section 35 of the Tax Credits Act 2002 by fraudulently obtaining child tax credits over a period between May 2012 and January 2018. At a first diet the appellant ple......

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......

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