Euan A. Dow, Advocate’s Case Law Summaries

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Janet Farquhar v. Her Majesty’s Advocate [2018] HCJAC 56

Note of appeal against sentence:- The appellant pled guilty on indictment at Edinburgh Sheriff Court to a charge of embezzlement of the sum of £72,155.34 over a period of 8 years whilst the appellant was acting as treasurer of Chalmers Memorial Church in Port Seton. The sheriff sentenced the appel......

Adam Lundy v. Her Majesty’s Advocate [2018] HCJAC 46

Application under sections 118 and 119 of the Criminal Procedure (Scotland) Act 1995 - Statement of reasons:- On 18 January 2018 the appellant’s conviction for murder was quashed ([2018] HCJAC 3) due to inaccurate, misleading and improper comments made by the advocate depute in his speech to the ......

Adam Lundy v. Her Majesty’s Advocate [2018] HCJAC 3

Note of appeal against conviction and sentence:- The appellant was convicted after trial of a charge of murder relating to the death of John Kiltie in Girvan. Two co-accused, Allison and Goodwin, had also been charged with assaulting the deceased. The appellant appealed against his conviction. The ......

(1) Mark Anthony Simpson and (2) Lee Daniel Wallace v. Her Majesty’s Advocate [2018] HCJAC 49

Note of appeal against sentence:- On 20 November 2017, at a trial diet at Aberdeen High Court, the appellants, along with a co-accused, pled guilty to two charges of being concerned in the supply of cocaine and diamorphine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 and both charges......

Martyn Glynn Daniel v. Her Majesty’s Advocate [2018] HCJAC 52

Note of appeal against conviction:- On 24 November 2017, at Edinburgh High Court, the appellant was convicted of a number of charges of sexual and physical abuse. He was convicted of the following charges:- charge 1 (rape of AB in 2007); charge 2 (malicious mischief); charge 3 (breach of the peace)......

Stephen Anthony Gallagher v. Procurator Fiscal, Glasgow [2018] HCJAC 51

Reference by the Sheriff Appeal Court under section 175A of the Criminal Procedure (Scotland) Act 1995 re note of appeal against sentence:- On 6 April 2018, at Glasgow Sheriff Court, the appellant pled guilty to a charge of drink driving contrary to section 5(1)(a) of the Road Traffic Act 1988. The......

Cameron Joshua Wilson v. Procurator Fiscal, Aberdeen [2018] HCJAC 50

Reference by the Sheriff Appeal Court under section 175A of the Criminal Procedure (Scotland) Act 1995 re note of appeal against sentence:-:- On 9 November 2017, at Aberdeen District Court, the appellant pled guilty to a charge of speeding by driving at 80mph in a 60 mph zone in Stonehaven on 12 Ap......

Barry O’Neill v. Her Majesty’s Advocate [2018] HCJAC 47

Note of appeal against sentence:- The appellant pled guilty at the High Court of being concerned in the supply of cocaine over a one month period contrary to section 4(3)(b) of the Misuse of Drugs Act 1971with the offence aggravated by a connection to serious organised crime in terms of section 29 ......

Raymond Kyle v. Her Majesty’s Advocate [2018] HCJAC 45

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant and his co-accused were indicted to a first diet at the sheriff court in relation to being concerned in the supply of diamorphine, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. A preliminary issue m......

Malcolm Cumlin v. Her Majesty’s Advocate [2018] HCJAC 44

Note of appeal against conviction:- At Glasgow Sheriff Court the appellant was convicted after trial of two charges of assault on two hairdressers. The appellant appealed against his conviction it being contended that there had been a misdirection by omission by the trial sheriff in relation to ide......

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