Euan A. Dow, Advocate’s Case Law Summaries

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Loreno Carlo Riaviz v. Her Majesty’s Advocate [2017] HCJAC 36

Note of appeal against conviction:- On 24 March 2016, at Glasgow High Court, the appellant was found guilty after trial of a charge of being concerned in the supply of diamorphine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He had two previous convictions for Class A drug dealing i......

J.P.B. v. Her Majesty’s Advocate [2017] HCJAC 28

Note of appeal under section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Glasgow High Court for a Preliminary Hearing to take place on 5 July 2016 in relation to various charges including the anal penetration of a 6 year old girl and a 6 year old boy in 2006.......

Craig Whyte v. Her Majesty’s Advocate [2017] HCJAC 14

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Glasgow High Court in relation to a common law charge of fraud and a charge under sections 678 and 680 of the Companies Act 2006. A plea to the relevancy of the charges was repelled at a preliminar......

Scott Henry Sneddon MacKay v. Her Majesty’s Advocate [2017] HCJAC 44

Note of appeal against conviction:- On 27 April 2016, at Dunfermline Sheriff Court, the appellant was convicted after trial on indictment of two charges:- (1) a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 in that during the course of a telephone call to ......

Colin Andrew Gordon Henderson v. Her Majesty’s Advocate [2017] HCJAC 43

Note of appeal against conviction:- On 21 March 2016, at Dundee Sheriff Court, the appellant was convicted after trial on indictment of a breach of the peace at a bar in Dundee by brandishing a knife and lunging at persons with it. As a result, the appellant was sentenced to 2 years imprisonment. I......

Alexander Connelly and Gary Corkindale v. Her Majesty’s Advocate [2017] HCJAC 42

Notes of appeal against sentence:- The appellants pled guilty at the High Court to various drugs offences. The first appellant pled guilty to being concerned in the supply of diazepam, with a maximum value of £370,440, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was sentenced t......

James Wallace and Louise McGhee v. Her Majesty’s Advocate [2017] HCJAC 40

Notes of appeal against conviction:- On 19 August 2016, at Ayr Sheriff Court, the appellants were convicted after trial on indictment of:- (Charge 1) a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; (charge 2) a charge of assault of GC to his injury; and (......

John Cook v. Her Majesty’s Advocate [2017] HCJAC 41

Note of appeal against sentence:- The appellant was convicted at the sheriff court in relation to a charge of benefit fraud and sentenced to 18 months imprisonment. He appealed against the sentence imposed. Here the court allowed the appeal. The court referred to the following factors which the sen......

Lee Dunsire v. Her Majesty’s Advocate [2017] HCJAC 30

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Glasgow High Court in relation to drugs offences. The appellant objected to the admissibility of the contents of a police interview conducted on 23 June 2015. The preliminary hearing judge refused ......

John Dewar v. Her Majesty’s Advocate [2017] HCJAC 31

Note of appeal against conviction:- On 17 May 2016, at Falkirk Sheriff Court, the appellant was convicted after trial on indictment of a charge of assault by grabbing KM by her throat and pushing her against a wall to her injury whilst on bail. That verdict followed considerable deletions made to t......

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