Euan A. Dow, Advocate’s Case Law Summaries

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Michael Saini v. Procurator Fiscal, Dundee [2017] HCJAC 76

Sheriff Appeal Court – Point of Law:- The appellant pled guilty to a charge of speeding at the district court. The justice allowed a discount of 1/3 on account of the plea of guilty and reduced the fine from £300 to £200. In relation to penalty points the points were discounted from 6 to 5 as t......

Nico Donnelly v. Her Majesty’s Advocate [2017] HCJAC 78

Note of appeal against conviction and sentence:- The appellant was convicted after trial of a charge of murder. It had been his position at trial that he struck the deceased repeatedly with a knife in accident. A special defence of self-defence of another, Cameron Ferguson, was lodged on behalf of ......

Her Majesty’s Advocate v. Jake Hawkins [2017] HCJ 79

Opinion re objection to admissibility of police interview:- The accused was indicted on a charge of rape. A minute objecting to the admissibility of the accused’s police interview was lodged and a hearing on the minute took place at the high court on 21 August 2017. Evidence was led by the Crown ......

Steven Jackson v. Her Majesty’s Advocate [2017] HCJAC 72

Note of appeal against conviction:- On 22 December 2016, at Glasgow High Court, the appellant was convicted after trial of a charge of murder. The appellant was also convicted along with his co-accused, Michelle Higgins, of a charge of attempting to defeat the ends of justice by dismembering the de......

David Cameron v. Her Majesty’s Advocate [2017] HCJAC 74

Note of appeal against conviction:- On 13 December 2016, at Stirling Sheriff Court, the appellant was convicted after trial on indictment of a charge of assault to severe injury, permanent disfigurement and to the danger of life. A charge of possession of diazepam contrary to section 5(2) of the Mi......

Charles Graham v. Her Majesty’s Advocate [2017] HCJAC 71

Note of appeal against conviction:- On 23 September 2016, at Paisley High Court, the appellant was found guilty after trial of a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. On 1 November 2016 the appellant was sentenced to 5 years imprisonment. The appellant app......

Amanda Cowan v. Her Majesty’s Advocate [2017] HCJAC 73

Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Dundee Sheriff Court in relation to an alleged contravention of section 35 of the Tax Credits Act 2002. A minute in terms of section 71 of the Criminal Procedure (Scotland) Act 1995 had been lodgin......

Mark O’Rourke v. Her Majesty’s Advocate [2017] HCJAC 70

Reference of a Compatibility Issue under section 288ZB(1) of the Criminal Procedure (Scotland) Act 1995:- The minuter was indicted on having sexual intercourse and sexual activity with a child aged 14, contrary to sections 28 and 30 of the Sexual Offences (Scotland) Act 2009 when he was 19 years of......

David Wotherspoon v. Procurator Fiscal, Glasgow [2017] HCJAC 69

Appeal from the Sheriff Appeal Court:- On 8 July 2016, at Glasgow Sheriff Court, the appellant was convicted after trial of a charge of breach of the peace by repeatedly standing in his house in full view of the lieges whilst wearing female underclothing and rubbing his nipples and placing the lieg......

Carol Kirk v. Procurator Fiscal, Stirling [2017] HCJAC 66

Reference from the Scottish Criminal Cases Review Commission:- On 11 May 2015, At Stirling District Court, the appellant was convicted of a charge of assault to injury. The appellant was acquitted of an alleged contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010......

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