Euan A. Dow, Advocate’s Case Law Summaries

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J.D. and B.K. v. Her Majesty’s Advocate [2020] HCJAC 15

Appeal against the refusal of bail:- On 14 November 2019, at Glasgow High Court, the appellants were indicted to a Preliminary Hearing in relation to a number of charges including inter alia a charge of assault and robbery. Both appellants appeared from custody, having been remanded in custody on 2......

Zak Bennett and Ian David Moyes v. Her Majesty’s Advocate [2020] HCJAC 12

Note of appeal against conviction:- On 31 May 2019, at Glasgow High Court, the appellants along with two co-accused, Chloe Walker and Courtney McCreaddie, were found guilty of four charges:- (1) possession of a firearm in Ryehill Road, Glasgow with intent to cause EG and JM to believe that violence......

Gursel Duzgun v. Her Majesty’s Advocate [2020] HCJAC 13

Note of appeal against conviction:- On 29 July 2014, at Edinburgh Sheriff Court, the appellant pled guilty at a first diet on indictment to a charge of assault which was aggravated by being religiously prejudiced in terms of section 74 of the Criminal Justice (Scotland) Act 2003. The plea tendered ......

Veronica Logan v. Her Majesty’s Advocate [2020] HCJAC 10

Note of appeal against conviction:- On 23 September 2019, at Falkirk Sheriff Court, the appellant was convicted after trial on indictment of three charges of being concerned in the supply of drugs (Etizolam, Diamorphine and Amphetamine) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. T......

Her Majesty’s Advocate v. J.W. [2020] HCJ 11

Decision/Appeal from a Preliminary Hearing:- On 14 January 2020, at Glasgow High Court, the accused appeared at a Preliminary Hearing in relation to a charge of inter alia rape and abduction contrary to section 1 of the Sexual Offences (Scotland) Act 2009 and the common law. An applicatio......

Petition to the Nobile Officium by J.C. [2018] HCJAC 77

Petition to the Nobile Officium:- Paul Neil McMillan was indicted to the High Court in relation to 8 charges including 5 charges relating to JC. The accused sought to obtain recovery and access to JC’s medical records. On 1 August 2018 a warrant was granted for service of a petition for commissio......

Ralph Goldie v. Her Majesty’s Advocate [2020] HCJAC 9

Note of appeal against conviction:- Following a trial at the High Court the appellant was convicted of the following charge:- ”...you ... did assault Jeremy Paradine, ... cause him to fall down a flight of stairs, repeatedly kick, stamp and jump on his body, and you did murder him” The jury del......

Stephen Barclay v. Her Majesty’s Advocate [2020] HCJAC 8

Note of appeal against conviction and sentence:- At Hamilton Sheriff Court the appellant was convicted after trial on indictment of two charges:- (1) charge 2- being concerned in the supply of cannabis contrary to section 4(3)(b) of the Misuse of Drugs Act 1971; and (2) charge 5 - producing cannabi......

James Adam and Brian Daisley v. Her Majesty’s Advocate [2020] HCJAC 5

Notes of appeal against conviction:- The appellants appealed in respect of their convictions following the application of the doctrine of mutual corroboration. The issue which arose in both appeals was whether, in cases involving allegations of sexual abuse by adults of children in circumstances wh......

Michael Scott Ritchie v. Her Majesty’s Advocate [2020] HCJAC 7

Note of appeal against conviction:- On 6 June 2019, at Elgin Sheriff Court, the appellant was convicted on indictment of a charge of theft by housebreaking whilst on bail. He was sentenced to 21 months imprisonment with 3 months of the sentence attributable to the bail aggravation. The appellant ap......

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