Euan A. Dow, Advocate’s Case Law Summaries

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D.S. v. Her Majesty’s Advocate [2017] HCJAC 12

Note of appeal against conviction and sentence:- On 27 April 2016, at Perth Sheriff Court, the appellant went on trial on indictment in relation to two charges of using lewd, indecent and libidinous practices and behaviour towards two complainers. At the close of the Crown case a ‘no case to answ......

Andrew Reilly v. Her Majesty’s Advocate [2017] HCJAC 5

Note of appeal against conviction:- On 18 January 2016, at Aberdeen High Court, the appellant was convicted after trial of 11 charges relating to disorderly conduct, physical and sexual abuse and a charge relating to a contravention of the Animal Health and Welfare (Scotland) Act 2006 (charge 7). T......

John Leathem v. Her Majesty’s Advocate [2017] HCJAC 10

Note of appeal against sentence:- On 5 September 2016, at Glasgow High Court, the appellant pled guilty at a Preliminary Hearing to a charge of murder and a charge of attempting to defeat the ends of justice. In relation to the murder charge he was sentenced to life imprisonment with a punishment p......

Niall Brian Dinsmore v. Her Majesty’s Advocate [2017] HCJAC 11

Note of appeal against sentence:- On 28 September 2016, at a Preliminary Hearing at Glasgow High Court, the appellant pled guilty to a charge of having in his possession 5 stun-guns, contrary to section 5(1A)(a) of the Firearms Act 1968 (charge 2), a charge of having the stun-guns in his possession......

Stephen Sangster Senior and Stephen Sangster Junior v. Her Majesty’s Advocate [2017] HCJAC 4

Note of appeal against conviction:- On 11 March 2016, at Edinburgh High Court, the appellants were convicted after trial of a charge of attempted murder. On 26 April 2016 the appellants received extended sentences of 13 years comprising of 10 years in custody and an extension period of 3 years. The......

Her Majesty’s Advocate v. Andrew Steven also known as Walton [2017] HCJAC7

Crown appeal against sentence:- On 7 October 2016, at Glasgow High Court, at the close of the Crown case, the respondent pled guilty to 92 charges relating to contraventions of the Firearms Act 1968 and a charge of contravening section 28(1) of the Criminal Justice and Licensing (Scotland) Act 2010......

J.Q. v. Procurator Fiscal, Paisley [2017] HCJAC 9

Bill of Suspension:- On 12 August 2016 the appellant was issued with a fixed penalty notice for a breach of the peace committed in Johnstone. It was the appellant’s position that he intended to reject the notice and request a court hearing to establish his innocence. The appellant provided the no......

Craig Wilson v. Her Majesty’s Advocate [2017] HCJAC 3

Note of appeal against conviction:- On 9 March 2016, at Kilmarnock Sheriff Court, the appellant was convicted after trial on indictment of a charge of sexual assault contrary to sections 2 and 3 of the Sexual Offences (Scotland) Act 2009. On 30 March 2016 the appellant was sentenced to 30 months im......

Ryan McNair v. Her Majesty’s Advocate [2017] HCJAC 6

Note of appeal against sentence:- The appellant pled guilty at the sheriff court by accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a contravention of section 4(3)(b) of the Misuse of Drugs Act 1971 , namely, being concerned in the supply of ecstasy on a sing......

Donnie Daniel Potts v. Procurator Fiscal, Hamilton [2017] HCJAC 8

Appeal:- The appellant appeared on summary complaint at Hamilton Sheriff Court in relation to a charge of theft of £50,000 by housebreaking. The appellant had earlier successfully appealed to the High Court against a decision of the sheriff to extend the 12 month time bar in solemn proceedings rel......

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