Euan A. Dow, Advocate’s Case Law Summaries

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R.B. v. Her Majesty’s Advocate [2017] HCJAC 24

Note of appeal against conviction and sentence:- The appellant who was a school teacher was convicted after trial on indictment of a number of sexual offences against two school pupils, the first complainer being the uncle of the second complainer. The time interval between the offences was at leas......

Grzegorz Stolarczyk v. Procurator Fiscal, Stirling [2017] HCJAC 23

Appeal from Sheriff Appeal Court:- On 9 August 2016, at Stirling Sheriff Court, the appellant was convicted after trial on summary complaint of an assault on his former partner by pushing her on the body causing her to fall to the ground to her injury. The evidence in the case comprised of the comp......

Henry Morton v. Her Majesty’s Advocate [2017] HCJAC 21

Note of appeal against sentence:- On 29 June 2016, at Edinburgh High Court, the appellant pled guilty to:- (1) possession of a firearm, namely, two stun guns disguised as mobile telephones, contrary to section 5(1A)(a) of the Firearms Act 1968; and (2) possession of firearms without being the holde......

Adam Sutherland v. Her Majesty’s Advocate [2017] HCJAC 22

Appeal against sentence following upon a reference from the Scottish Criminal Cases Review Commission:- On 21 January 2016, at Kilmarnock Sheriff Court, the appellant pled guilty on summary complaint to a charge of sending by electronic means a message that was grossly offensive or of an indecent, ......

William Thomas Handy v. Her Majesty’s Advocate [2017] HCJAC 20

Note of appeal against conviction:- In June 2016, at Aberdeen High Court, the appellant was convicted after trial of a charge of wilful fire raising relating to setting fire to a car. His co-accused, Craig Guest, pled guilty to the same charge at the close of the Crown case, when the Crown withdrew......

D.M. v. Her Majesty’s Advocate [2017] HCJAC 19

Note of appeal against conviction:- In July 2016, at Kilmarnock Sheriff Court, the appellant went to trial on indictment in relation to five charges of indecency. At the close of the Crown case charge 3 was withdrawn by the Crown and the jury found charge 4 against the appellant not proven. The app......

Her Majesty’s Advocate v. Margo Robertson Alongi [2017] HCJAC 18

Bill of advocation:- The respondent was indicted to Edinburgh Sheriff Court in relation to two charges of fraud. In advance of trial the Crown made an application under section 259 of the Criminal Procedure (Scotland) Act 1995 to admit the hearsay evidence of statements allegedly made by the now de......

R.W. v. Her Majesty’s Advocate [2017] HCJAC 17

Bill of advocation and note of appeal:- The 77 year old appellant was indicted to Kirkcaldy Sheriff Court in relation to four sexual offences alleged to have occurred between 55 and 62 years ago, when the appellant was aged 14 - 20. The complainers were his two sisters and his sister in law who wer......

Mark Feeney v. Her Majesty’s Advocate [2017] HCJAC 16

Note of appeal against sentence:- On 30 June 2016, at Paisley Sheriff Court, the appellant pled guilty on indictment to a charge of culpably and recklessly setting fire to the contents of a bin and a charge of culpably and recklessly setting fire to rubbish and doors within a common close whereupon......

Rachel Trelfa or Fee v. Her Majesty’s Advocate [2017] HCJAC 13

Note of appeal against conviction:- On 31 May 2016, at Livingston High Court, the appellant, and her co-accused Nyomi Fee, was convicted after trial of various charges relating to her three children including a charge of assaulting Liam Fee (charge 6) and the murder of Liam Fee (charge 7). The appe......

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