Euan A. Dow, Advocate’s Case Law Summaries

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His Majesty’s Advocate v. Charles Fletcher [2025] HCJAC 41

Crown appeal against sentence:- The respondent was convicted after trial on indictment at the sheriff court of three charges relating to domestic abuse:- (1) a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (together with an incompetently libelled aggravati......

His Majesty’s Advocate v. J.S.H. [2025] HCJAC 37

Appeal under section 107A of the Criminal Procedure (Scotland) Act 1995:- At the close of the Crown case the trial judge upheld a ‘no case to answer’ submission in relation to charges 6, 7, 10, 11 and 12 of an indictment containing 20 charges. The Crown appealed against that decision under sect......

His Majesty’s Advocate v. Andrew McMahon and Christian Lambert [2025] HCJAC 34

Crown appeal against sentence:- The respondents were both convicted of the rape of a young child contrary to section 18 of the Sexual Offences (Scotland) Act 2009. On 14 March 2025 the first respondent was sentenced to an extended sentence of 7 years with a custodial term of 5 years after he w......

Choon Seng Gan v. His Majesty’s Advocate [2025] HCJAC 32

Note of appeal against conviction:- The appellant was convicted after trial on indictment at Glasgow Sheriff Court of being concerned in the supply of cannabis contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant appealed against his conviction it being contended that the tria......

C.H. v. His Majesty’s Advocate [2025] HCJAC 29

Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to a Preliminary Hearing in relation to various charges including engaging in a course of behaviour which was abusive of his partner contrary to section 1 of the Domestic Abuse (Scotland) Act 2018.......

His Majesty’s Advocate v. William Budge [2025] HCJAC 27

Crown appeal against sentence:- On 6 January 2025, at Edinburgh High Court, the respondent pled guilty by the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to three charges:- (1) assault of his ex-wife with an aggravation under section 1 of the Abusive Behavio......

John Farquhar v. His Majesty’s Advocate [2025] HCJAC 36

Note of appeal against sentence:- The appellant first appeared on petition on a charge of murder on 23 October 2023 and was remanded in custody. At the Preliminary Hearing on 1 October 2024 he offered to plead guilty to culpable homicide. The Crown rejected his plea and a Dedicated Floating Trial w......

Darren Dougall v. His Majesty’s Advocate [2025] HCJAC 35

Note of appeal against conviction:- The appellant was convicted after trial on indictment at Edinburgh Sheriff Court of four charges:- (1) being knowingly concerned in the fraudulent evasion of the prohibition on importation of cannabis imposed by section 3(1)(a) of the Misuse of Drugs Act 1971, co......

Darren Glass v. His Majesty’s Advocate [2025] HCJAC 31

Note of appeal against conviction:- The appellant was convicted after trial of 5 charges:- (charge 1) the rape of T contrary to section 1 of the Sexual Offences (Scotland) Act 2009; (charge 2) a contravention of section 1 of the Domestic Abuse (Scotland) Act 2018 involving S; (charge 4) the rape of......

Arber Ketuka v. His Majesty’s Advocate [2025] HCJAC 25

Note of appeal against sentence:- The appellant pled guilty at Falkirk Sheriff Court by the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to contraventions of sections 4(2)(a) and 4(3)(b) of the Misuse of Drugs Act 1971, namely, the production of cannabis and ......

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