Euan A. Dow, Advocate’s Case Law Summaries

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John Quinn and Mark Sutherland v. Her Majesty’s Advocate [2019] HCJAC 61

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 and Note of appeal against conviction:- The appellants appealed against decisions of the sheriffs at first instance who had refused minutes lodged on behalf of each of the appellants which sought to exclude evidence obtained via ......

Craig Murray v. Her Majesty’s Advocate [2022] HCJAC 14

Petition to the nobile officium:- The High Court previously allowed the petitioner to present a petition to the nobile officium seeking to challenge a finding that he had breached a court order and was in contempt of court in relation to the trial of Alex Salmond on a number of ......

A.W. and H.B. v. Her Majesty’s Advocate [2022] HCJAC 16

Notes of appeal against conviction:- Both appellants were convicted after trial at the High Court of a charge of rape relating to the same complainer in the same incident. The appellants appealed against their convictions on the grounds that the trial judge failed to direct the jury on the issue of......

Steven Joseph James Stalley v. Her Majesty’s Advocate [2022] HCJAC 12

Note of appeal against conviction:- On 15 March 2021, at Glasgow High Court, the appellant was convicted after trial of 21 charges involving seven complainers relating to a variety of offences including breaches of the peace, stalking, assault, sexual assault and three rapes. In addition, in advanc......

Her Majesty’s Advocate v. B.L. [2022] HCJAC 15

Note of appeal under section 107A and 110(1)(e) of the Criminal Procedure (Scotland) Act 1995:- At the close of the Crown case in a trial at the High Court the trial judge sustained a ‘no case to answer’ submission made on behalf of the respondent in terms of section 97 of the Criminal Procedur......

Patrick Hattie v. Her Majesty’s Advocate [2022] HCJAC 13

Note of appeal against conviction:- Following a trial at the High Court the appellant was convicted of three charges of being concerned in the supply of controlled drugs, namely, cocaine, cannabis and cannabis resin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant appealed......

Kieran Webster v. Her Majesty’s Advocate [2022] HCJAC 8

Note of appeal against sentence:- On 9 June 2021, at Dumbarton Sheriff Court, the appellant (then aged 23) pled guilty to three charges:- (charge 1) taking or permitting to be taken or making indecent photographs or pseudo-photographs of children on various occasions between 1 February 2019 and 22 ......

JSC v. Her Majesty’s Advocate [2022] HCJAC 11

Application for permission to appeal to the Supreme Court of the United Kingdom:- The applicant appealed against his conviction in relation to charge 1, a charge of lewd and libidinous practices and behaviour against complainer, H and charge 3, a charge of lewd and libidinous practices and behaviou......

Her Majesty’s Advocate v. Paul Cooney [2022] HCJAC 10

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- On 2 November 2021 the sheriff at Kilmarnock upheld the respondent’s plea that the Lord Advocate, through the Procurator Fiscal Depute at Kilmarnock, had renounced the right to prosecute him by letter dated 21 December ......

Craig Murray v. Her Majesty’s Advocate [2022] HCJAC 5

Petition to the nobile officium:- The petitioner was found to be in contempt of court by a High Court bench of three judges and he was sentenced to 8 months imprisonment. The petitioner sought leave to appeal the decision to the United Kingdom Supreme Court and permission was refused by b......

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