Euan A. Dow, Advocate’s Case Law Summaries

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant faced an indictment including a charge of the rape of a woman whilst she was asleep and incapable of giving or withholding consent contrary to section 1 of the Sexual Offences (Scotland) Act 2009. A special defenc......

Note of appeal against sentence:- The appellant tendered pleas of ‘guilty’ to charges 1, 2 and 3 (two charges of housebreaking on 12 June 2017 and a contravention of section 57(1) of the Civic Government (Scotland) Act 1982) at a preliminary hearing on 7 March 2018, which pleas were not accepte......

Note of appeal against conviction:- On 11 June 2018, at Aberdeen Sheriff Court, the appellant was found guilty after trial of a charge of theft by housebreaking. At the close of the Crown case a ‘no case to answer’ submission was made on behalf of the appellant in terms of section 97 of the Cri......

Note of appeal against sentence:- The appellant pled guilty on indictment at Glasgow Sheriff Court to a charge of embezzlement relating to the sum of £51,000 from his employer’s bank. On 17 May 2018, the sheriff sentenced him to 3 years imprisonment, discounted form 4 years on account of the ple......

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- Here the appellant appealed against the refusal by the sheriff to grant part of a section 275 application. The application was granted with the exception of the following paragraph:- "Evidence that on the occasion referred to i......

Note of appeal against sentence following upon a reference from the Scottish Criminal Cases Review Commission:- On 1 August 2017 the appellant pled guilty to a summary complaint containing a charge libelling a contravention of section 38(1) of the Criminal Justice & Licensing (Scotland) Act 201......

Note of appeal against conviction:- On 22 May 2018, at Glasgow High Court, the appellant was convicted after trial of three charges:- (1) sexual assault of CQ contrary to section 3 of the Sexual Offences (Scotland) Act 2009 by seizing her, pushing her onto a bed there, restraining her, handling her......

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted to the High Court on a charge of attempted rape relating to a 15 year old girl in Paisley in 2008. Attached to the indictment was a docket in which it was stated that the Crown intended to lead......

Petition to the Nobile Officium:- Here it was contended on behalf of the petitioners that there was an error in the legislation which created the Sheriff Appeal Court as the power, which had previously existed in summary cases, to seek permission to appeal a compatibility issue from the High Court ......