Euan A. Dow, Advocate’s Case Law Summaries

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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......

Syeda Sokina Begum v. Her Majesty’s Advocate [2020] HCJAC 16

Note of appeal against conviction:- On 1 March 2019, following a trial at Aberdeen High Court, the appellant was convicted of a charge of assault to severe injury and danger to life by shaking GN born in 2016 on 1 January 2017. On 9 April 2019 the appellant was sentenced to 3 years imprisonment. Th......

P.G.T. v. Her Majesty’s Advocate [2020] HCJAC 14

Note of appeal against conviction and sentence:-  On 8 May 2019, following a trial at Glasgow High Court, the appellant, now aged 56, was convicted of three charges:- (1) indecent assault of GT, his nephew then aged 12-14 years on an occasion between 13 March 1997 and 12 March 1999 includ......

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