Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate. v. Francis Jude Donaldson [2017] HCJAC 29

Bill of advocation:- On 18 August 2015 the sheriff at Glasgow deserted simplicitor an indictment containing 16 charges. The charges faced by the respondent related to various allegations involving two women between 2001 and 2013. It was the respondent’s position that the allegations were fabricat......

Christiane Stoner v. Her Majesty’s Advocate [2017] HCJAC 32

Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- Here the appellant appealed against the decision of the sheriff to extend the 12 month ‘bail’ time bar in relation to proceedings on indictment. It was contended on behalf of the appellant that the sheriff erred in the appl......

Craig Anderson v. Her Majesty’s Advocate [2017] HCJAC 33

Note of appeal against conviction:- The appellant was convicted after trial on indictment of a charge of theft by housebreaking and a charge of theft of a motor vehicle. The appellant appealed against his conviction on three grounds. The main issue was whether sufficient identification evidence was......

Christopher Rodgers v. Her Majesty’s Advocate [2017] HCJAC 34

Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Airdrie Sheriff Court in relation to allegations concerning the possession of indecent images of children contrary to sections 52 and 52A of the Civic Government (Scotland) Act 1982. The appellantâ......

Her Majesty’s Advocate v. C.M. [2016] HCJAC 79

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted to a preliminary hearing at Glasgow High Court on 11 February 2016 in relation to a charge of assaulting her two month old child to his severe injury and to the danger of his life. The respondent obj......

Her Majesty’s Advocate v. Graham Clarke, Lindsay Clarke, Neil Anderson, Marilyn Nixon, Keith Nixon, Yvonne Davidson and Francis Andrews [2016] HCJAC 2

Appeals under section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The respondents were indicted to a preliminary hearing at Glasgow High Court on 3 November 2014 in relation to various charges including inter alia contraventions of the Misuse of Drugs Act 1971. A trial was fixed for 21 Se......

Alexander Sturrock v. Her Majesty’s Advocate [2016] HCJAC 97

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted in relation to contraventions of the Misuse of Drugs Act 1971 following the recovery of a quantity of drugs from his home address. The appellant had lodged a minute in terms of section 71 of the Crimi......

Kyle McCrae and Jamie Anderson v. Her Majesty’s Advocate [2017] HCJAC 27

Note of appeal against conviction:- On 29 July 2016, at Paisley Sheriff Court, the appellants were convicted after trial on indictment of a charge of assault to severe injury and permanent disfigurement. On 24 August 2016, after obtaining Criminal Justice Social Work Reports, the trial sheriff sent......

Justinas Gubinas and Nerijus Radavicius v. Her Majesty’s Advocate [2017] HCJAC 25

Note of appeal against conviction:- The appellants, and two other co-accused, were tried on indictment at the high court in relation to the rape and sexual assault of RD. The appellants, along with one of their co-accused, were convicted of rape, including the anal rape of the complainer. The circu......

Ruslanas Kukanauza v. Her Majesty’s Advocate [2017] HCJAC 26

Note of appeal against conviction and sentence:- On 25 May 2016, at Edinburgh High Court, the appellant was convicted after trial of a charge of the attempted rape of HA, while she was heavily under the influence of alcohol and asleep or unconscious and incapable of giving or withholding consent, c......

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