Euan A. Dow, Advocate’s Case Law Summaries

Access hundreds of Euan’s case law summaries for free. See his latest summaries below or use our search box to find the case summary you’re looking for.

JSC v. Her Majesty’s Advocate [2022] HCJAC 11

Application for permission to appeal to the Supreme Court of the United Kingdom:- The applicant appealed against his conviction in relation to charge 1, a charge of lewd and libidinous practices and behaviour against complainer, H and charge 3, a charge of lewd and libidinous practices and behaviou......

Her Majesty’s Advocate v. Paul Cooney [2022] HCJAC 10

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- On 2 November 2021 the sheriff at Kilmarnock upheld the respondent’s plea that the Lord Advocate, through the Procurator Fiscal Depute at Kilmarnock, had renounced the right to prosecute him by letter dated 21 December ......

Craig Murray v. Her Majesty’s Advocate [2022] HCJAC 5

Petition to the nobile officium:- The petitioner was found to be in contempt of court by a High Court bench of three judges and he was sentenced to 8 months imprisonment. The petitioner sought leave to appeal the decision to the United Kingdom Supreme Court and permission was refused by b......

Stephen Motroni v. Procurator Fiscal, Kilmarnock [2022] HCJAC 7

Appeal from the Sheriff Appeal Court in terms of section 194zb of the Criminal Procedure (Scotland) Act 1995:- The appellant was charged on a summary complaint libelling two charges of lewd, indecent and libidinous behaviour which had allegedly occurred at various loci in Scotland and Ita......

Liam Stewart v. Her Majesty’s Advocate [2022] HCJAC 9

Note of appeal against sentence:- On 1 October 2021, at a first diet at Livingston Sheriff Court, the appellant (aged 19) pled guilty on indictment to a charge being concerned in the supply of ecstasy to another or others and, in particular to MW (aged 15/16) over a 5 month period contrary to secti......

XY v. Her Majesty’s Advocate [2022] HCJAC 2

Appeal following refusal of section 275 application:- The appellant was indicted to a Preliminary Hearing at the High Court of Justiciary at Glasgow on eight charges alleging sexual offences committed against a number of complainers in the 1980s and 1990s. The appellant lodged a section 275 applica......

Neil Thomas George Graham v. Her Majesty’s Advocate [2022] HCJAC 1

Note of appeal under section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The sheriff refused to extend the 12 month time limit within which a person who has appeared on petition must be brought to trial under section 65(3)(b) of the Criminal Procedure (Scotland) Act 1995. Here the Crown a......

Her Majesty’s Advocate v. KB [2022] HCJ 1

Objection to the admissibility of evidence:- The Crown objected to the admissibility of certain passages in defence production 1, a psychological report by Professor Gary MacPherson dated 21 December 2018 under section 79 Criminal Procedure (Scotland) Act 1995. At a hearing on the objection, eviden......

Raymond Nyiam v. Her Majesty’s Advocate [2021] HCJAC 44

Note of appeal against conviction:- The appellant was convicted after trial at the high court of two charges of rape relating to two different complainers whilst they were intoxicated and incapable of giving or withholding consent. In both charges the jury deleted the words “and asleep or unconsc......

Her Majesty’s Advocate v. Michael McCarthy [2021] HCJAC 46

Crown appeal against sentence:- On 6 August 2021, at Edinburgh High Court, the appellant was sentenced to 5 years imprisonment having been found guilty after trial of 5 charges:- (1) attempted rape of a male, contrary to section 1 of the Sexual Offences (Scotland) Act 2009; (3) sexual ass......

<<  1 [23 4 5 6  >>  

Search Cases