Euan A. Dow, Advocate’s Case Law Summaries

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M.B. v. Her Majesty’s Advocate [2017] HCJAC 87

Note of appeal against sentence:- On 3 March 2017, at Dunfermline Sheriff Court, the appellant was convicted after trial on indictment of five contraventions of section 35 of the Sexual Offences (Scotland) Act 2009 (charges 1, 2, 4, 6 and 7), namely, indecent exposure towards young girls between 30......

Andrew Sinclair v. Her Majesty’s Advocate [2017] HCJAC 88

Note of appeal against sentence:- On 4 July 2017, at a first diet at Aberdeen Sheriff Court, the appellant pled guilty to being concerned in the supply of cannabis resin on a single day in October 2016 contrary to section 4(3)(b) of the Misuse of Drugs Act 1971, whilst on bail. Following the obtain......

Her Majesty’s Advocate v. C.H. [2017] HCJAC 82

Crown appeal against sentence:- On 17 May 2017, at the High Court, the respondent pled guilty to two charges (charges (2) and (3)) and had his not guilty pleas to two further charges accepted by the Crown. Charge (2) was the oral rape and sexual assault of a male child under the age of 13 contrary ......

A.D. v. Her Majesty’s Advocate [2017] HCJAC 84

Note of appeal against conviction:- The appellant was convicted after trial at Edinburgh High Court of two charges:- (a) the anal rape of a male child under the age of 13 on various occasions during a 9 month period in 2014 contrary to section 18 of the Sexual Offences (Scotland) Act 2009 (charge 1......

Allan John Turnbull v. Her Majesty’s Advocate [2017] HCJAC 85

Note of appeal against sentence:- On 24 May 2017, at a trial diet at Dundee Sheriff Court, the appellant pled guilty on indictment to a contravention of section 5(1A)(a) of the Firearms Act 1968, namely, being in possession of a stun gun disguised as a torch (charge 4). The appellant had pled guilt......

J.G.C. v. Her Majesty’s Advocate [2017] HCJAC 83

Note of appeal against conviction and sentence:- On 19 January 2017, at Glasgow High Court, the appellant was found guilty after trial on indictment of six historic charges of indecency perpetrated against two young girls R and L whist the appellant was aged 22-26 years of age. The appellant was se......

Anthony Herd v. Her Majesty’s Advocate [2017] HCJAC 80

Note of appeal against sentence:- On 9 August 2017, at Dunfermline Sheriff Court, the appellant pled guilty on indictment at a trial diet to a charge of assault under deletion of the words “fire an item from a crossbow at him striking him on the head”. The starting point selected by the sentenc......

Gordon Loughlin v. Her Majesty’s Advocate [2017] HCJAC 81

Note of appeal against sentence:- On 19 July 2017, at Glasgow Sheriff Court, the appellant pled guilty by accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of theft of a motor vehicle, a charge of resetting a different motor vehicle, a charge of danger......

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 ......

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