Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. Stephen Jones [2021] HCJAC 8

Crown appeal against sentence:- The respondent pled guilty at the High Court by the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988. The respondent was sentenced......

Kevin McGrouther v. Her Majesty’s Advocate [2021] HCJAC 5

Note of appeal against conviction:- On 21 February 2020, following a trial at Glasgow High Court, the appellant was convicted of a charge of attempted murder by striking the complainer on the chest with a knife. An averment that the appellant had previously evinced malice and ill will towards the c......

C.S. v. Her Majesty’s Advocate [2021] HCJAC 6

Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted in relation to a charge of having with him in a public place a knife, without reasonable excuse or lawful authority, contrary to section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 t......

David Callaghan v. Her Majesty’s Advocate [2021] HCJAC 4

Note of appeal against conviction:- On 4 December 2019, following a trial at Glasgow High Court, the appellant was convicted, along with his co-accused, of a charge of murder. The appellant was sentenced to life imprisonment with a punishment part of 20 years. The appellant appealed against his con......

Colin Grimason v. Her Majesty’s Advocate [2020] HCJAC 53

Note of appeal against conviction:- On 18 June 2018, following a trial on indictment at the High Court, the appellant was convicted of a charge of sexual assault contrary to sections 2 and 3 of the Sexual Offences (Scotland) Act 2009. The appellant appealed against his conviction on the grounds tha......

John Leadbetter v. Her Majesty’s Advocate [2020] HCJAC 51

Note of appeal against conviction:- On 5 February 2020, following a trial on indictment at Hamilton Sheriff Court, the appellant was convicted of three charges:- (1) possession of indecent images of children contrary to section 52A(1) of the Civic Government (Scotland) Act 1982; (2) taking or permi......

Her Majesty’s Advocate v. Graham Cameron Turner [2020] HCJ 12

Plea to the relevancy:- The accused has been indicted in the High Court in relation to two charges:- (1) causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988; and (2) attempting to pervert the course of justice as a consequence of stating his defence to charge 1 in ......

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......

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