Euan A. Dow, Advocate’s Case Law Summaries

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L.M. v. Her Majesty’s Advocate [2019] HCJAC 82

Note of appeal against sentence:- On 22 July 2019, at Livingston Sheriff Court, the appellant, now aged 17, pled guilty to a charge of assault to severe injury by repeatedly punching and kicking CB, aged 16, on the head and body and striking him on the body with a knife, under provocation. Followin......

Michael McCarroll v. Her Majesty’s Advocate [2019] HCJAC 83

Note of appeal against conviction:- On 6 November 2018, at Airdrie Sheriff Court, the appellant was convicted after trial of a charge of assault to severe injury and permanent impairment by repeatedly punching and kicking the complainer on the head and body and throwing a bottle at him. He was also......

Her Majesty’s Advocate v. M.M. [2019] HCJAC 77

Appeal under section 107A of the Criminal Procedure (Scotland) Act 1995:- The respondent proceeded to trial at Glasgow High Court in relation to 18 charges. Charges 4-8 related to lewd, indecent and libidinous practices and behaviour, indecent assaults and rapes of LM, the respondent’s sister bet......

David Collins v. Her Majesty’s Advocate [2019] HCJAC 69

Note of appeal against sentence:- On 17 May 2019, at Glasgow High Court, the appellant was convicted after trial of a charge of murder and attempting to defeat the ends of justice by dismembering the deceased’s body and disposing of it. The only part of the deceased’s body recovered was the tor......

Frazer Angus Neil v. Her Majesty’s Advocate [2019] HCJAC 70

Note of appeal against sentence:- On 1 November 2018, a Glasgow High Court, the appellant was convicted after trial of a charge of murder. On 29 November 2018, following the obtaining of a Criminal Justice Social Work Report and a psychiatric report, the appellant was sentenced to life imprisonment......

Alexander McKinlay v. Her Majesty’s Advocate [2019] HCJAC 75

Note of appeal against sentence:- The appellant was indicted and went to trial at Edinburgh High Court in relation to two charges:- (1) a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009; and (2) failing to attend at a Preliminary Hearing on 17 August 2018 contrary to......

Josh McLean v. Her Majesty’s Advocate [2019] HCJAC 64

Note of appeal against sentence:- The appellant was convicted after trial at the sheriff court of six charges relating to his former partner:- (1) a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 aggravated by section 1 of the Abusive Behaviour and Sexual H......

Paul McFadyen v. Procurator Fiscal, Paisley [2019] HCJAC 65

Appeal from the Sheriff Appeal Court:- The appellant was convicted after trial at Paisley Sheriff Court of a summary complaint including two charges (charges 2 and 3), both contraventions of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. The appellant was acquitted of a ch......

David Kinloch v. Her Majesty’s Advocate [2019] HCJAC 66

Note of appeal against conviction:- On 30 January 2019, at Dunfermline Sheriff Court, the appellant was convicted after trial on indictment of three charges:- (charge 1) on 30 December 2017 behaving in a threatening or abusive manner including uttering threats of violence towards Kieran Locke, whil......

Ross Pollock-Smith v. Procurator Fiscal, Stirling [2019] HCJAC 67

Appeal from the sheriff court in terms of section 184ZB of the Criminal Procedure (Scotland) Act 1995:- On 19 September 2018, at Stirling Sheriff Court, the appellant appeared from custody in relation to a charge of shouting, swearing and uttering offensive remarks and threats of violence towards t......

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