Euan A. Dow, Advocate’s Case Law Summaries

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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......

David Briggs v. Her Majesty’s Advocate [2019] HCJAC 63

Note of appeal against conviction:- On 3 May 2018, at the High Court, the appellant was convicted after trial of two charges relating to the sexual abuse of members of his family. Charge 1 was a charge of rape relating to his cousin perpetrated on 27 October 2006. On 31 May 2018, following the obta......

R.B.A v. Her Majesty’s Advocate [2019] HCJAC 56

Note of appeal against conviction:- On 29 August 2018, at Glasgow High Court, the appellant was convicted after trial of 5 charges of sexual offences perpetrated against two complainers. On 10 October 2018, the appellant was sentenced to 8 years imprisonment. The Crown case was based on the applica......

Graham Paterson v. Her Majesty’s Advocate [2019] HCJAC 60

Note of appeal against conviction:-On 20 September 2018, at Hamilton Sheriff Court, the appellant was convicted after trial on indictment of a charge of assault with intent to rape contrary to section 3 of the Sexual Offences (Scotland) Act 2009 and the common law. After obtaining a Criminal Justic......

David Scott v. Her Majesty’s Advocate [2019] HCJAC 59

Application to amend a note of appeal:- On 10 May 2018, at Glasgow High Court, the appellant was convicted of the murder of Euan Johnston on 15 November 2016. He was sentenced to life imprisonment, with a punishment part of 22 years. Here the appellant applied to amend a note of appeal which was lo......

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