Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. CJB [2019] HCJAC 45

Crown appeal against sentence:- On 18 February 2019, at a trial at Aberdeen Sheriff Court, the respondent pled guilty on indictment to three charges relating to assaults on his wife and two daughters:- (1) on various occasions between 1998 and 2015, he assaulted his wife by repeatedly punching and ......

James Houten v. Her Majesty’s Advocate [2019] HCJAC 43

Note of appeal against sentence:- On 24 April 2018, at a first diet at the sheriff court, the appellant pled guilty on indictment to being concerned in the supply of cocaine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was sentenced to a period of 23 months imprisonment discounte......

John Falconer v. Her Majesty’s Advocate [2019] HCJAC 42

Note of appeal against sentence:- The appellant was convicted after trial at the High Court of a number of charges including:- (1) the repeated anal and vaginal rape of his then partner during November and December 2015 contrary to section 1 of the Sexual Offences (Scotland) Act 2009; (2) the anal ......

Her Majesty’s Advocate v. SM (No. 2) [2019] HCJAC 40

Note of appeal under section 107A(1)(a) and 110(1)(e) of the Criminal Procedure (Scotland) Act 1995:- This appeal should be read in conjunction with the decision of the court in Her Majesty’s Advocate v. SM [2019] HCJAC 39. This was the second Crown appeal against the trial judge’s decision to ......

Her Majesty’s Advocate v. SM [2019] HCJAC 39

Note of appeal under section 107A(1)(a) and 110(1)(e) of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted in relation to a charge of abduction, assault and rape of his former partner, SP, between 1 and 31 March 2007, at various addresses in Dumfries, the roads between Dumfri......

Sean Barclay v. Her Majesty’s Advocate [2019] HCJAC 41

Note of appeal against sentence:- On 29 March 2019, at a continued preliminary hearing at Glasgow High Court, the appellant pled guilty to two charges:- (1) theft by breaking into property occupied by the British Army at the Army Cadet Building in Newport on Tay and stealing various items; and (2) ......

Robert Redpath v. Her Majesty’s Advocate [2019] HCJAC 38

Note of appeal against conviction:- On 11 June 2018, at Glasgow Sheriff Court, the appellant was convicted after trial of being in possession of indecent photographs of children contrary to section 52A of the Civic Government (Scotland) Act 1982. The appellant was acquitted of taking or permitting ......

Christopher Wilson v. Her Majesty’s Advocate [2019] HCJAC 36

Note of appeal against conviction:- On 27 April 2018, at Edinburgh Sheriff Court, the appellant was convicted after trial of a charge of assault relating to his ex-partner over a 3 week period in 2017 at various loci whilst on bail and aggravated in terms of section 1 of the Abusive Behaviour and S......

Scott Colin Fowler v. Her Majesty’s Advocate [2019] HCJAC 35

Note of appeal against conviction:- On 7 August 2018, at Aberdeen High Court, the appellant and his co-accused, Slessor Buchan, were convicted after trial of a charge of assault and robbery involving the discharge of a shotgun and a charge relating to a contravention of section 19(a) of the Firearm......

Her Majesty’s Advocate v. Bilaal Afzal [2019] HCJAC 37

Note of appeal under section 107A of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted and proceeded to trial in relation to an allegation of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. The charge alleged the assault and rape of AK “while she was ......

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