Euan A. Dow, Advocate’s Case Law Summaries

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Weir MacKay v. Her Majesty’s Advocate [2020] HCJAC 24

Note of appeal against conviction and sentence:- On 3 May 2019, following a trial at Glasgow High Court, the appellant’s co-accused, Doherty, was convicted of a charge of murder and the appellant was convicted of culpable homicide. When the jury returned their verdict in relation to the appellant......

S.I. v. Her Majesty’s Advocate [2020] HCJAC 28

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of a charge of assaulting his baby daughter on various occasions between 30 May 2017 and 17 July 2017 by inflicting blunt force trauma to her head and body by means to the prosecutor unkno......

Lord Advocate’s Reference Number 1 of 2020 [2020] HCJAC 25

Section 5(1A)(a) of the Firearms Act 1968:- The accused proceeded to trial in relation to two contraventions of the Firearms Act 1968:- (charge 1) possession of a firearm without a firearms certificate, contrary to section 1(1)(a); and (charge 2) possession of a firearm disguised as another object,......

Aadam Mohammed v. Her Majesty’s Advocate [2020] HCJAC 27

Note of appeal against conviction:- The appellant was convicted after trial at the High Court of a charge of indecent assault which occurred on an occasion between 1 October 2009 and 31 October 2010 (charge 2) and rape on an occasion between 1 and 31 December 2009 (charge 3). A further allegation o......

Her Majesty’s Advocate v. Iain Lindsay [2020] HCJAC 26

Crown appeal against sentence:- The respondent pled guilty under the accelerated procedure contained in section 76 of the Criminal Procedure (Scotland) Act 1995 to the following charge:- “…did culpably and recklessly cough in the faces of James Iredale and Scott MacDonald, both Police Constable......

Gavin Watson MacDonald v. Her Majesty’s Advocate [2020] HCJAC 21

Note of appeal against conviction:- On 5 September 2019, following a trial on indictment at Livingston Sheriff Court, the appellant was convicted of a contravention of sections 2 and 3 of the Sexual Offences (Scotland) Act 2009. The jury deleted from the charge the reference to the assault being co......

Mark Moncrieff and Paul McCann v. Her Majesty’s Advocate [2020] HCJAC 20

  Note of appeal against conviction:- Following a trial at the High Court the appellants were convicted of a charge of murder by repeatedly punching and kicking the deceased on the head and body, repeatedly striking him on the head and body with a hammer and repeatedly stabbing him on the bod......

R.K.S. v. Her Majesty’s Advocate [2020] HCJAC 19

Note of appeal against conviction and sentence:- The appellant went to trial at Glasgow High Court on an indictment containing two charges:- (1) on various occasions between June 2013 and February 2017 at various addresses in Glasgow he did assault his partner MKS; and (2) on 21 February 2017 at th......

S.J. v. Her Majesty’s Advocate [2020] HCJAC 18

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted to the High Court on three charges:- (1) a charge of sexual assault against JM contrary to section 3 of the Sexual Offences (Scotland) Act 2009; (2) a charge of the rape of JM contrary to section......

Basharat Khan v. Her Majesty’s Advocate [2020] HCJAC 17

Note of appeal against conviction:- On 6 June 2019, following a trial at Edinburgh High Court, the appellant was convicted of a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. The appellant’s co-accused was acquitted of a separate charge of raping the same complai......

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