Euan A. Dow, Advocate’s Case Law Summaries

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John Joseph McCarthy v. Her Majesty’s Advocate [2020] HCJAC 52

Note of Appeal Under Section 130 of the Criminal Justice and Licensing (Scotland) Act 2010:- The appellant was indicted to a Preliminary Hearing at Glasgow High Court on 28 September 2018 in relation to alleged contraventions of section 4(3)(b) of the Misuse of Drugs Act 1971, namely, being concern......

David Ditchburn v. Her Majesty’s Advocate [2020] HCJAC 55

Note of appeal against conviction:- On 15 May 2019, following a trial at Edinburgh High Court, the appellant was found guilty of 4 charges including charge 5:- “On 9 or 10 August 2018 at Flat 2…you … did assault John Ashwood and did strike him on the head to his severe injury and you did kill......

Kenneth Thomson v. Her Majesty’s Advocate [2020] HCJAC 49

Note of appeal against conviction:- On 29 October 2019, following a trial on indictment at Edinburgh Sheriff Court, the appellant was convicted of 3 charges relating to an incident which occurred on 13 September 2018 in Edinburgh:- (1) an assault Osman Celik by brandishing a bottle (the jury delete......

Alexander Garland v. Her Majesty’s Advocate [2020] HCJAC 46

Note of appeal against conviction:- On 6 December 2019, following a trial at the high court, the appellant was convicted of charge 2, a charge of sexual assault perpetrated against KC, an 11 year old girl, in 2019 when the appellant was aged 32, in that he did “did lie beside her, place your hand......

A.S. v. Her Majesty’s Advocate [2020] HCJAC 42

Note of appeal against conviction:- On 11 November 2019, at Edinburgh High Court, the appellant was convicted after trial of:- (a) the indecent assault of his sister, AB; (b) the attempted rape of his sister; (3) the rape of his sister; and (d) an indecent assault on a male cousin, CD. By the time ......

Keirin McMillan or Elliott, Aron McMillan and Levi Hunter or Brown v. Her Majesty’s Advocate [2020] HCJAC 41

Note of appeal against sentence:- On 29 November 2019, at Edinburgh High Court, the appellants were all convicted after trial of a charge of murder. In addition, the second appellant was also found guilty of a number of assaults to injury in Edinburgh. The appellants were sentenced to be detained f......

Mark Conway v. Her Majesty’s Advocate [2020] HCJAC 48

Scottish Criminal Cases Review Commission Referral:- On 2 August 2017, at Edinburgh High Court, the appellant pled guilty by accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of fraud involving him forming a fraudulent scheme whilst employed as an IT o......

L.W. v. Her Majesty’s Advocate [2020] HCJAC 50

Note of appeal against conviction:- On 31 October 2019, following a trial at Glasgow High Court, the appellant was convicted of the rape of his step-daughter, RM, on various occasions between 1988 and 1992 when the complainer was aged 16-19 years and the appellant was aged 28-31 years. The appellan......

J.L. v. Her Majesty’s Advocate [2020] HCJAC 45

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted in relation to various sexual offences perpetrated against A between 2009 and 2014 including inter alia charges of lewd and libidinous behaviour and three charges of rape. The appellant lodged a speci......

G.H. v. Her Majesty’s Advocate [2020] HCJAC 44

Note of appeal against conviction and sentence:- The appellant was convicted after trial at Glasgow High Court of two charges of sexual conduct against two complainers with a period of 12 years and 8 months separating the conduct relative to each charge. At the close of the Crown case a ‘no case ......

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