Euan A. Dow, Advocate’s Case Law Summaries

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B.K. v. Her Majesty’s Advocate [2017] HCJAC 68

Note of appeal against conviction:- On 15 October 2015, at Glasgow Sheriff Court, the appellant was convicted after trial of two charges of using lewd, indecent and libidinous practices and behaviour towards SA and BJA (charges 1 and 2) and one of sexual assault against BJA contrary to section 20 o......

Ivan Keith David Maxwell v. Her Majesty’s Advocate [2017] HCJAC 64

Note of appeal against conviction and sentence:- On 13 December 2016, at Dumfries Sheriff Court, the appellant was convicted after trial on indictment of a charge of sexual assault and intentionally directing a sexual verbal communication towards AW contrary to Sections 3 and 7(1) of the Sexual Off......

Stephen Rodger v. Her Majesty’s Advocate [2017] HCJAC 65

Reference from the Scottish Criminal Cases Review Commission – Note of appeal against conviction:- On 12 September 2013, at Glasgow Sheriff Court, the appellant was convicted after trial, along with his co- accused, Duncan Stanulis, of:- (1) a charge of behaving in a threatening or abusive manner......

Alam Sadiq and Omar Sadiq v. Her Majesty’s Advocate [2017] HCJAC 67

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellants were indicted to a Preliminary Hearing at Glasgow High Court in relation to being concerned in the supply of controlled drugs contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellants lodged min......

Angus Francis v. Her Majesty’s Advocate [2017] HCJAC 63

Note of appeal against conviction:- On 5 September 2016, at Oban Sheriff Court, the appellant was convicted after trial on indictment of two contraventions of section 28 of the Sexual Offences (Scotland) Act 2009, namely, penetrating sexually with his penis the vagina of LG a child who had not atta......

Grant Gay v. Her Majesty’s Advocate [2017] HCJAC 62

Note of appeal against sentence:- The appellant was indicted in relation to a charge of culpable homicide and proceeded to trial at Edinburgh High Court between 3 and 8 March 2017. Following their deliberations the jury deleted culpable homicide and acquitted the appellant of that element of the ch......

R.C. v. Her Majesty’s Advocate [2017] HCJAC 61

Note of appeal against conviction and sentence:- The appellant went to trial at the High Court in relation to a charge of rape and relied on a special defence of consent. The appellant was convicted by the jury of the charge. The appellant was sentenced to 7 years imprisonment. The appellant appeal......

Darren Mitchell v. Her Majesty’s Advocate [2017] HCJAC 60

Note of appeal against conviction:- On 26 August 2016, at Kilmarnock Sheriff Court, the appellant was convicted after trial on indictment of a charge of being concerned in the supply of cocaine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was acquitted by the jury of three other ......

Joseph Francis McHale and Kevin Charles Schruyers v. Her Majesty’s Advocate [2017] HCJAC 35

Notes of appeal against conviction and sentence:- On 19 May 2016, at Glasgow High Court, the appellants were convicted after trial of charges 2, 9, 10, 25, 22, 24, 25 and 27 relating to forcing open or attempting to force open Automated Teller Machines in the Aberdeen area in 2013. During the cours......

Anthony Gannon v. Her Majesty’s Advocate [2017] HCJAC 58

Note of appeal against conviction:- On 25 July 2016, at Paisley Sheriff Court, the appellant was convicted after trial on indictment of two charges:- (1) a charge of assault with intent to rob; and (2) a contravention of section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely,......

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