Euan A. Dow, Advocate’s Case Law Summaries

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Petition to the Nobile Officium by J.C. [2018] HCJAC 77

Petition to the Nobile Officium:- Paul Neil McMillan was indicted to the High Court in relation to 8 charges including 5 charges relating to JC. The accused sought to obtain recovery and access to JC’s medical records. On 1 August 2018 a warrant was granted for service of a petition for commissio......

Ralph Goldie v. Her Majesty’s Advocate [2020] HCJAC 9

Note of appeal against conviction:- Following a trial at the High Court the appellant was convicted of the following charge:- ”...you ... did assault Jeremy Paradine, ... cause him to fall down a flight of stairs, repeatedly kick, stamp and jump on his body, and you did murder him” The jury del......

Stephen Barclay v. Her Majesty’s Advocate [2020] HCJAC 8

Note of appeal against conviction and sentence:- At Hamilton Sheriff Court the appellant was convicted after trial on indictment of two charges:- (1) charge 2- being concerned in the supply of cannabis contrary to section 4(3)(b) of the Misuse of Drugs Act 1971; and (2) charge 5 - producing cannabi......

James Adam and Brian Daisley v. Her Majesty’s Advocate [2020] HCJAC 5

Notes of appeal against conviction:- The appellants appealed in respect of their convictions following the application of the doctrine of mutual corroboration. The issue which arose in both appeals was whether, in cases involving allegations of sexual abuse by adults of children in circumstances wh......

Michael Scott Ritchie v. Her Majesty’s Advocate [2020] HCJAC 7

Note of appeal against conviction:- On 6 June 2019, at Elgin Sheriff Court, the appellant was convicted on indictment of a charge of theft by housebreaking whilst on bail. He was sentenced to 21 months imprisonment with 3 months of the sentence attributable to the bail aggravation. The appellant ap......

David Dudgeon v. Her Majesty’s Advocate [2020] HCJAC 6

Note of appeal against sentence:- On 25 June 2019, at the sheriff court, the appellant pled guilty by the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a contravention of section 58(1)(b) of the Terrorism Act 2000 in that he possessed at his home address a ......

R.N. v. Her Majesty’s Advocate [2020] HCJAC 3

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to the sheriff court on two charges:- (1) on various occasions between 2012-2018 he sexually penetrated the anus of his son, A, and repeatedly placed his fingers in his anus when the child was aged be......

William Carmichael v. Her Majesty’s Advocate [2020] HCJAC 4

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of being concerned in the supply of diamorphine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant appealed against his conviction it being contended the sheriff er......

Thandiwe Matikiti v. Her Majesty’s Advocate [2020] HCJAC 2

Note of appeal against sentence:-  In September2019, at Livingston Sheriff Court, the appellant pled guilty to a charge of fraud by advising the Student Awards Agency Scotland (SAAS) that the Home Office had given her indefinite leave to remain in the UK when she had not been granted......

Allan McClymont v. Her Majesty’s Advocate [2020] HCJAC 1

Appeal under section 65(1)(b) of the Criminal Procedure (Scotland) Act 1995:- On 27 September 2018, during the course of a trial at Paisley Sheriff Court,  the sheriff extended the 12 month time bar by 4 months under section 65(1)(b) of the Criminal Procedure (Scotland) Act 1995 after acc......

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