Euan A. Dow, Advocate’s Case Law Summaries

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Dillin Armstrong v. Her Majesty’s Advocate [2021] HCJAC 34

Note of appeal against sentence following a reference from the Scottish Criminal Cases Review Commission:- The appellant, who was aged 24 at the time of the offence, was convicted after trial at the high court of a charge of attempted murder. The trial judge imposed an extended sentence of 13 years......

John Deeney v. Her Majesty’s Advocate [2021] HCJAC 33

Note of appeal against conviction:- On 19 November 2020, following a trial at the high court, the appellant was convicted of a charge of indecent assault relating to events which took place when the appellant was aged 13- 17 years. The libel of the charge included:- “…. on various occasions bet......

(First) Ross MacDougall and (Second) Dawn Smith v. Her Majesty’s Advocate [2021] HCJAC 32

Notes of appeal against conviction and sentence:- Both appellants were convicted after trial of a charge of murder relating to the death of Tracy Walker in Shetland on 30 July 2019. The first appellant was sentenced, as actor, to life imprisonment with a punishment part of 23 years. The second appe......

Aaron Robert Dines known as Morrison v. Her Majesty’s Advocate [2021] HCJAC 29

Note of appeal against conviction:- On 5 November 2020, following a trial at Edinburgh High Court, the appellant was found guilty of a charge of attempted murder by repeatedly striking the complainer on the body with a knife and sentenced to 8 years imprisonment. The appellant appealed against his ......

J.B. v. Her Majesty’s Advocate [2021] HCJAC 16

Crown appeal against sentence:- On 15 September 2020, at a first diet at Edinburgh Sheriff Court, the respondent pled guilty on indictment to two charges:- (1) a contravention of section 24(1) of the Sexual Offences (Scotland) Act 2009, by repeatedly sending sexual and written communications to a g......

Craig Murray v. Her Majesty’s Advocate [2021] HCJ 3

Petition and complaint for a decision in an application for permission to appeal to the UK Supreme Court:- The applicant was found to be in contempt of court in relation to publication by him of material which was likely to lead to the identification of complainers in the trial of HMA&nbs......

(First) Gordon Dewar and (Second) Barry McLean v. Her Majesty’s Advocate [2021] HCJAC 28

Notes of appeal against sentence:- The appellants appealed against the sentences imposed against them in relation to offences of spitting at police officers during the COVID pandemic. The appeals followed the general guidance provided by the court in the Crown appeal against sentence in H.M.A. v. L......

R.A. v. Her Majesty’s Advocate [2021] HCJAC 27

Note of appeal against sentence:- The appellant was indicted to the sheriff court in relation to a charge alleging a contravention of section 35 of the Tax Credits Act 2002 by fraudulently obtaining child tax credits over a period between May 2012 and January 2018. At a first diet the appellant ple......

Callum Rae v. Her Majesty’s Advocate [2021] HCJAC 13

Note of appeal against sentence:- The appellant pled guilty under the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to two charges:- (1) rape to injury of a child under the age of 13, contrary to sections 18, 19 and 20 of the Sexual Offences (Scotland) Act 200......

James Russell v. Her Majesty’s Advocate [2021] HCJAC 24

Bill of Advocation:- On 22 December 2020, at Falkirk Sheriff Court, the sheriff refused to determine the complainer’s application for a bail review of an earlier ruling not to allow him bail on the basis that he regarded the application as incompetent because the Sheriff Appeal Court had pre......

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