Euan A. Dow, Advocate’s Case Law Summaries

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L.L. v. Her Majesty’s Advocate [2018] HCJAC 35

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted to the High Court in relation to two charges relating to the alleged rape and sexual assault of the complainer contrary to sections 1 and 3 of the Sexual Offences (Scotland) Act 2009. At the Prel......

Her Majesty’s Advocate v. John William Barbour [2018] HCJAC 36

Crown appeal against sentence:- On 7 February 2018, following a trial at Edinburgh High Court, the respondent was convicted of 3 charges and sentenced to 4 years imprisonment:- (1) a charge of lewd, indecent and libidinous practices and behaviour re conduct in 1979 involving repeated digital vagina......

  • Court Date: Tuesday, 17 July 2018
  • Court: http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2018hcjac36.pdf?sfvrsn=0

Douglas Sinclair v. Her Majesty’s Advocate [2018] HCJAC 34

Note of appeal against sentence:- At Perth Sheriff Court the appellant pled guilty on indictment to a contravention of section 28 of the Sexual Offences (Scotland) Act 2009, namely, having sexual intercourse with an older child, a 14 year old boy. On 14 February 2018 the appellant was sentenced to ......

Cameron Jackson v. Her Majesty’s Advocate [2018] HCJAC 33

Note of appeal against sentence:- On 27 March 2018, at a first diet at Hamilton Sheriff Court, the appellant pled guilty on indictment to a penetrative sexual assault of a young woman whilst she was asleep, contrary to section 2 of the Sexual offences (Scotland) Act 2009. The appellant was sentence......

The Lord Advocate v. Scottish Daily Record and Sunday Mail Ltd [2018] HCJAC 32

Petition and Complaint:- Here the respondents admitted contempt of court in relation to two articles published by it in the Daily Record and its website on 11 February and 22 May 2017 in relation to two cases relating to two males ‘A’ and ‘B’. Criminal proceedings were ‘live’ in relatio......

Marc Hanley v. Her Majesty’s Advocate [2018] HCJAC 29

Note of appeal against conviction and sentence:- The appellant was indicted to Glasgow High Court in relation to two charges of attempted murder (Charges 1 and 3) and a charge of attempting to pervert the course of justice (charge 2). The appellant was convicted of an amended charge 3 relating to c......

J.M. v. Her Majesty’s Advocate [2018] HCJAC 30

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of three charges of indecency perpetrated against two complainers:- (1) a charge of lewd and libidinous practices and behaviour against a girl (complainer A) when she was aged 9 on various......

Barry Little v. Her Majesty’s Advocate [2018] HCJAC 28

Note of appeal against sentence:- On 30 January 2018 the appellant pled guilty by accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of culpable and reckless conduct by throwing paving stones at the window of a neighbour’s house on 9 December 2017. Th......

Andrew Murray v. Her Majesty’s Advocate [2018] HCJAC 27

Note of appeal against sentence:- On 15 September 2017, at the sheriff court, the appellant pled guilty to a contravention of section 39(1) of the Criminal Justice and Licensing (Scotland) Act 2010. On 24 October 2017, after obtaining a Criminal Justice Social Work Report, the sentencing sheriff im......

H.M. v. Her Majesty’s Advocate [2018] HCJAC 26

Note of appeal against sentence:-The appellant was convicted after trial at Glasgow High Court of three charges:- (1) lewd and libidinous conduct and behaviour against his younger sister when she was aged 4 – 7 in a period in the 1970s; (2) the rape of the same sister in the 1970s; and (3) the re......

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