Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. Jason Gilmour [2019] HCJAC 74

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant appealed against a decision of the Preliminary hearing judge that the Crown is barred from prosecuting the respondent for murder as a consequence of the appellant’s acceptance of a plea on 4 September 2012......

Callum Davidson v. Her Majesty’s Advocate [2019] HCJAC 84

Note of appeal against sentence:- On 3 May 2019 the appellant was convicted after trial of a charge of murder. The appellant’s co-accused, Steven Alexander Dickie, was also convicted of the charge of murder. The appellant’s other co-accused, Tasmin Glass, was unanimously convicted of culpable h......

S.G. v. Her Majesty’s Advocate [2019] HCJAC 68

Note of appeal against conviction:- The appellant was convicted after trial at the high court of a number of charges including two charges of assault on his ex-partner:- (1) assault to injury in January 2018; and (2) assault to severe injury and permanent disfigurement, which also included a rape o......

Tasmin Glass v. Her Majesty’s Advocate [2019] HCJAC 90

Note of appeal against sentence:- On 3 May 2019 the appellant was unanimously convicted of culpable homicide. Her co-accused Steven Alexander Dickie andCallum Davidson were both convicted of murder. On 30 May 2019, following the obtaining of Criminal Justice Social Work Reports, the trial judge imp......

Kevin Oliver v. Her Majesty’s Advocate [2019] HCJAC 93

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to a Preliminary Hearing at the High Court on 6 charges relating to two complainers (charges 1 and 2 re KK and charges 3-6 re JC):- (1) a contravention of section 2 of the Sexual Offences (Scotland) A......

Andrew McCaw v. Her Majesty’s Advocate [2019] HCJAC 94

Note of appeal against sentence:- On 10 May 2019, at a continued preliminary hearing at Glasgow High Court, the appellant pled guilty to a charge of aggravated assault perpetrated against  his former partner aggravated in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotla......

William McKenzie Newland Stables v. Her Majesty’s Advocate [2019] HCJAC 89

Note of appeal against conviction:- In January 2002 the appellant, now aged 79 years, was convicted of two charges of having sexual intercourse with a girl under 16 and indecent behaviour towards a girl aged between 12 and 16 contrary to sections 5(3) and 6 of the Criminal Law (Consolidation) (Scot......

David Martin v. Her Majesty’s Advocate [2019] HCJAC 86

Note of appeal against sentence:- The appellant was convicted of being concerned in the supply of diamorphine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 and being in possession of cocaine contrary to section 5(2) of the 1971 Act. The appellant has been convicted on three previous o......

Piotr Valdermar Rysmanowski v. Her Majesty’s Advocate [2019] HCJAC 88

Note of appeal against conviction:- On 16 August 2018, at Dumfries Sheriff Court, the appellant was convicted after trial of a charge of sexually assaulting a child (RS) under the age of 13 contrary to section 20 of the Sexual Offences (Scotland) Act 2009 in that he did:- “…(a) induce her to re......

Francis Cairney v. Her Majesty’s Advocate [2019] HCJAC 87

Note of appeal against conviction:- On 14 December 2018, at Hamilton Sheriff Court, the appellant was convicted after trial of seven charges of indecent assault (including charge 8 involving the complainer, WA) and 2 charges of lewd, indecent and libidinous practices and behaviour in relation ......

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