Euan A. Dow, Advocate’s Case Law Summaries

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His Majesty’s Advocate v. R.B. [2025] HCJAC 7

Crown appeal against sentence:- On 14 June 2024, following a trial at Kilmarnock High Court, the respondent was convicted of two charges:- (1) charge 1 - causing his son, LC (aged 4-5), to participate in sexual activity, on an occasion between April 2011 and April 2013; and (2) charge 3 – the rap......

His Majesty’s Advocate v. Ian Sweeney [2025] HCJAC 5

Crown appeal against sentence:- On 9 October 2024 at Glasgow High Court the respondent pled guilty under the accelerated procedure to a contravention of section 28 of the Criminal Justice and Licensing (Scotland) Act 2010, namely, over a 6 week period in 2020 being involved in serious and organised......

Pa Samba Saye v. His Majesty’s Advocate [2025] HCJAC 8

Note of Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to a Preliminary Hearing at Glasgow High Court on 16 November 2022 on 4 charges including a charge of rape of RM at an address in Glasgow on 19 June 2021 (charge 1). The charge alleged that th......

N.R.L. v. His Majesty’s Advocate [2025] HCJAC 4

Note of appeal against sentence:- At the high court the appellant pled guilty, under the accelerated procedure, to a charge of culpable homicide by assaulting a bus driver in Elgin by head-butting him and repeatedly punching him on the body, in consequence of which the bus driver collapsed and died......

His Majesty’s Advocate v. L.M. [2025] HCJAC 3

Crown appeal against sentence:- On 30 August 2024, following a trial at Inverness High Court, the respondent was found guilty of various sexual offences when he was aged 50-52:- (1) charge 1 involved communicating indecently with LW, a young girl aged between 13 and 16; (2) charge 2 involved the ra......

J.B. v. His Majesty’s Advocate [2025] HCJAC 1

Note of appeal against conviction:- On 26 April 2024, following a trial at the high court, the appellant was convicted of two charges:- (1) the rape of his wife on various occasions between 1 January 2002 and 31 October 2003 in that whilst she was asleep, he removed her lower clothing, lay on top o......

Ryan McConville v. His Majesty’s Advocate [2024] HCJAC 51

Note of appeal against conviction:- The appellant was convicted after trial at Edinburgh High Court of a contravention of section 2 of the Sexual Offences (Scotland) Act 2009. He appealed against his conviction it being contended that no reasonable jury would have convicted the appellant having, so......

Stuart Mitchell Kennedy v. Procurator Fiscal, Aberdeen [2024] HCJAC 47

Appeal from the Sheriff Appeal Court under section 194ZB of the Criminal Procedure (Scotland) Act 1995:- The appellant was convicted after trial at the sheriff court on summary complaint of two charges under section 3 of the Sexual Offences (Scotland) 2009 Act relating to two complainers. The appel......

His Majesty’s Advocate v. Michael Porchetta [2024] HCJ 4

Examination of Facts:- On 19 May 2022, at Livingston Sheriff Court, the Accused was fully committed in custody in relation to these proceedings which related to a charge of murder and associated charges of theft and attempting to defeat the ends of justice. He was indicted to a Preliminary Hearing ......

Procurator Fiscal, Edinburgh v. Steven Harper [2024] SAC (Crim) 10

Crown Appeal by Stated Case:- The respondent appeared on summary complaint at Edinburgh Sheriff Court in relation to a charge of sexual assault contrary to section 3 of the Sexual Offences (Scotland) Act 2009 in that he did “handle the hinder parts” of YZ at the Argyle Bar in Edinburgh on 24 De......

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