Euan A. Dow, Advocate’s Case Law Summaries

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His Majesty’s Advocate v. J.M. [2023] HCJAC 20

Notes of appeal by the Crown:- On 16 December 2021 an indicter marked the respondent’s case as “no further action”. The marking was done digitally and took the form as if it were an instruction from Crown Counsel. On 23 December, the Glasgow PF’s office replied to the respondent’s agents......

Barry McLean v. His Majesty’s Advocate [2023] HCJAC 16

Note of appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to a First Diet on 25 May 2020 at Ayr Sheriff Court in relation to various charges relating to indecent images. The appellant lodged a Minute in terms of section 71 of the 1995 Act objectin......

Edward Dorian v. His Majesty’s Advocate [2023] HCJAC 15

Note of appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:-The appellant was indicted to a Preliminary Hearing at the High Court of Justiciary at Glasgow on 4 July 2022 in relation to various charges of indecency.  On 1 July 2022 the appellant lodged an application ......

Robert Garden v. His Majesty’s Advocate [2023] HCJAC 14

Application for an extension of time under section 111(2) of the Criminal Procedure (Scotland) Act 1995:- Here the applicant marked an appeal almost two years after the conclusion of the trial. The court reiterated that for the grant of an extension of time there requires to be exceptional circumst......

His Majesty’s Advocate v. Craig Rayburn [2023] HCJAC 11

Note of appeal under sections 108 and 110 of the Criminal Procedure (Scotland) Act 1995:-On 17 January 2023, at Edinburgh Sheriff Court, the appellant pled guilty under the accelerated procedure under section 76 of the 1995 Act to a contravention of section 113(1)(a) of the Sexual Offences Act 2003......

Alasdair James Finlayson and Cameron Ross v. His Majesty’s Advocate [2023] HCJAC 13

Note of appeal against sentence:- At the High Court the first appellant pled guilty to two charges of being concerned in the supply of drugs over a seven month period in the north of Scotland in 2020 (cocaine and cannabis) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was sentence......

His Majesty’s Advocate v. Andrew Palfreman [2023] HCJAC 10

Crown appeal against sentence:- The respondent was convicted of a charge of murder following a trial at the High Court and was sentenced to life imprisonment with a punishment part of 12 years selected by the trial judge. The Crown appealed against the punishment part imposed it being contended tha......

Philip Michael Barr v. His Majesty’s Advocate [2023] HCJAC 9

Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- The appellant appealed against the sheriff’s decision on 30 May 2022 to extend the twelve month time limit for commencing a trial under section 65(3)(b) of the Criminal Procedure (Scotland) Act 1995. The court here considered......

Natalie McGary or Meikle v. His Majesty’s Advocate [2023] HCJAC 8

Note of appeal against conviction and sentence:- On 12 May 2022, following a trial on indictment at Glasgow Sheriff Court, the appellant was convicted of two charges of embezzlement:- (1) embezzlement of £19,974 from Women for Independence; and (2) embezzlement of £4,661.02 from the Glasgow City ......

John Watt v. His Majesty’s Advocate [2023] HCJAC 2

Note of appeal against conviction and sentence:-The appellant was convicted after trial at Glasgow High Court of an indictment containing 5 charges of historical sexual abuse relating to 4 complainers aged 7 to 13 years during the period 1973-1987. The appellant was sentenced to a period of 10 year......

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