Euan A. Dow, Advocate’s Case Law Summaries

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James Penrice v. Her Majesty’s Advocate [2020] HCJAC 32

Note of appeal against conviction and sentence:- In September 2019, following a trial on indictment at Glasgow Sheriff Court, the appellant was convicted of charge 2, a charge of historical lewd, indecent and libidinous practices and behaviour. He was acquitted of a further two charges alleging his......

Alexander Burke (Snr) v. Her Majesty’s Advocate [2020] HCJAC 34

Note of appeal against conviction:- The appellant went to trial at Hamilton Sheriff Court on an indictment containing 5 charges. The relevant charges for the purpose of this appeal were charges 2 and 4 which related to a charge of assault to severe injury and permanent disfigurement (charge 2) and ......

Liam Alec Robert Hay v. Her Majesty’s Advocate [2020] HCJAC 30

Note of appeal against sentence:- The appellant pled guilty to a charge of murder at a Preliminary Hearing. The charge was in the following terms:- “on 26 June 2019 at the house … Turriff you Liam Alec Robert Hay did repeatedly strike the rear door with a baseball bat, smash a window in the doo......

Michael Finlay v. Her Majesty’s Advocate [2020] HCJAC 29

Note of appeal against conviction:- On 18 June 2019, following a trial on indictment at Glasgow Sheriff Court, the appellant was convicted of two charges:- (1) threatening or abusive behaviour directed towards his wife contrary to section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2......

Brandon Douglas v. Her Majesty’s Advocate [2020] HCJAC 23

Note of appeal against conviction:- On 4 September 2019, following a trial at Aberdeen High Court, the appellant and his co-accused, Martin Gemmell, were convicted of two charges:- (1) assault to severe injury and permanent disfigurement and robbery (charge 1); and (2) attempted murder and robbery ......

Weir MacKay v. Her Majesty’s Advocate [2020] HCJAC 24

Note of appeal against conviction and sentence:- On 3 May 2019, following a trial at Glasgow High Court, the appellant’s co-accused, Doherty, was convicted of a charge of murder and the appellant was convicted of culpable homicide. When the jury returned their verdict in relation to the appellant......

S.I. v. Her Majesty’s Advocate [2020] HCJAC 28

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of a charge of assaulting his baby daughter on various occasions between 30 May 2017 and 17 July 2017 by inflicting blunt force trauma to her head and body by means to the prosecutor unkno......

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......

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