Euan A. Dow, Advocate’s Case Law Summaries

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His Majesty’s Advocate v. Sylvia Catherine MacLennan [2024] HCJAC 26

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The respondent successfully argued a compatibility issue minute before the Sheriff at inverness in which it had been contended that there had been unreasonable delay in terms of Article 6(1) of the European Conventio......

Christopher McGowan v. His Majesty’s Advocate [2024] HCJAC 20

Note of appeal against sentence:- On 28 September 2023, following a trial at Stirling High Court, the appellant was convicted of a charge of murder whilst on bail which offence was aggravated in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 in that the offence invo......

David Barnes v. His Majesty’s Advocate [2024] HCJAC 23

Note of appeal against sentence:- Following a trial at the High Court of Justiciary, the appellant was convicted of a charge of murder (charge 4) and, on 13 December 2023, he was sentenced to life imprisonment with a punishment part of 23 years backdated to 24 December 2021. In relation to a charge......

His Majesty’s Advocate v. Barzan Nawshowani [2024] HCJAC 21

Crown appeal against sentence:- On 2 February 2024, following a trial at Glasgow High Court, the respondent was found guilty of a charge of raping the complainer contrary to section 1 of the Sexual Offences (Scotland) Act 2009 in relation to an incident in Glasgow on 7 August 2022. A docket was app......

Margaret Hughes and Eileen Igoe v. His Majesty’s Advocate [2024] HCJAC 19

Notes of appeal against sentence:- The appellants, together with their co-accused, were prosecuted on indictment at the sheriff court. They were ultimately convicted by the jury after trial of a number of charges relating to cruel and unnatural treatment and assaults upon children in their care. Fo......

David Moffat v. His Majesty’s Advocate [2024] HCJAC 24

Note of appeal against sentence:- The appellant pled guilty on indictment at a first diet at the sheriff court to five offences:- (1) charge 3 involved causing a former partner fear and alarm by repeatedly sending her abusive and threatening messages; (2) charge 4 was one of causing fear and a......

William Bain v. His Majesty’s Advocate [2024] HCJAC 16

Note of appeal against conviction:- On 7 July 2023, following a trial at Glasgow High Court, the appellant was convicted of a contravention of section 1 of the Domestic Abuse (Scotland) Act 2018 in relation to conduct between July and December 2021 comprising of various assaults against his partner......

Cathal Kelly v. His Majesty’s Advocate [2024] HCJAC 17

Note of appeal against conviction:- On 17 May 2023, following a trial at the High Court, the appellant was convicted of a charge of rape contrary to section 1 of the Sexual Offence (Scotland) Act 2009 in that he, while the complainer was asleep, repeatedly pulled down her lower clothing and penetra......

McKenzie Fred Andrew Horner v. His Majesty’s Advocate [2024] HCJAC 18

Bill of Advocation:- On 7 November 2023 the complainer pled guilty to a section 76 indictment at Falkirk Sheriff Court in relation to a charge of taking or permitting to be taken indecent photographs of children contrary to section 52(1)(a) of the Civic Government (Scotland) Act 1982. During the pe......

Sahail Ahmed v. His Majesty’s Advocate [2024] HCJAC 14

Note of appeal against conviction:- The appellant proceeded to trial at the high court, along with his two brothers, on an indictment including two charges of attempted fraud and wilful fire-raising. During the course of the trial the Crown withdrew the charge of wilful fire-raising. In due course ......

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