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Euan A. Dow, Advocate’s Case Law Summaries
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Note of appeal against sentence:- The appellant pled guilty at a first diet at Edinburgh Sheriff Court to a number of charges:- (1) shipbreaking with intent to steal; (2) possession of a knife in a public place contrary to section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995; ......
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Crown Petition to the Nobile Officium:- The respondent appeared on summary complaint in relation to two charges of lewd, indecent and libidinous practices and behaviour towards two persons from 1992 to 2001 and 1992 to 1999 at locations in Ayrshire and also at addresses in Italy. No objection to th......
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Note of appeal against sentence:- On 26 November 2020, at a Preliminary Hearing at Glasgow High Court, the appellant pled guilty to a charge of having in his possession, at an address in Paisley without the authority of the Secretary of State or the Scottish Ministers, a firearm which was disguised......
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Note of appeal against conviction:- On 14 February 2020, following a trial at Glasgow Sheriff Court, the appellant was found guilty of a charge of penetrative sexual assault contrary to section 2 of the Sexual Offences (Scotland) Act 2009. On 13 March 2020, following the obtaining of a Criminal Jus......
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Note of appeal against conviction:- The appellant was convicted after trial at the High Court of:- (1) a charge of sexual assault in relation to A while she was intoxicated through consumption of drugs and alcohol, by unfastening her clothing, touching her on the vagina and attempting to cause her ......
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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......
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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......
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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......
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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......
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Court Date: Wednesday, 17 February 2021
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Court: The High Court of Justiciary
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Judgement Address: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021hcjac4.pdf?sfvrsn=0Note 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 conviction it being contended that a miscarriage of justice had occurred due to the trial judge failing to direct the jury that a confession by the co-accused to his involvement in the attack on the deceased did not amount to evidence against the appellant. During the course of his charge the trial judge told the jury that the issue for them in relation to the appellant was one of identification and he went on to provide directions on how to deal with the identification evidence relating to the appellant. The trial judge gave the jury directions in relation to the identification evidence as it related to the co-accused, including a purported admission made by the co-accused. The trial judge told the jury that they required to return separate verdicts against the appellant and the co-accused and told the jury that one piece of evidence could apply to both accused but he had not gone on to tell them that some evidence did not apply to both, including the purported admission by the co-accused in relation to his involvement. It was submitted on behalf of the appellant that the trial judge was bound to provide the jury with a direction that an incriminatory statement by a co-accused, outwith the presence of another accused, was not evidence against that other accused. It was submitted that the admission by the co-accused that he and someone else had chased the deceased and that the other person had stabbed him first before the co-accused stabbed him had created a connection between the co-accused and the appellant and was capable of supporting the other eye-witness evidence as it related to the appellant. It was further submitted that, in the absence of a direction that the admission was only evidence against the co-accused, a different result may have followed and the misdirection was material and resulted in a miscarriage of justice. On behalf of the Crown it was submitted that there was nothing in the co-accused’s statement to link him to the appellant and the directions given were appropriate for the particular circumstances of the case. Here the court refused the appeal. The court considered that whilst a statement made by one accused outwith the presence of another accused is inadmissible as evidence against that other accused in the present case the statement by the co-accused was not incriminatory of the appellant and no direction to the jury to disregard the statement of the co- accused in relation to the case against the appellant was required. The court described the trial judge’s directions as succinct, clear and accurate and appropriate in light of the live issues in the trial.
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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......
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