Euan A. Dow, Advocate’s Case Law Summaries

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Stephen Rodger v. Her Majesty’s Advocate [2017] HCJAC 65

Reference from the Scottish Criminal Cases Review Commission – Note of appeal against conviction:- On 12 September 2013, at Glasgow Sheriff Court, the appellant was convicted after trial, along with his co- accused, Duncan Stanulis, of:- (1) a charge of behaving in a threatening or abusive manner......

Alam Sadiq and Omar Sadiq v. Her Majesty’s Advocate [2017] HCJAC 67

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellants were indicted to a Preliminary Hearing at Glasgow High Court in relation to being concerned in the supply of controlled drugs contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellants lodged min......

Angus Francis v. Her Majesty’s Advocate [2017] HCJAC 63

Note of appeal against conviction:- On 5 September 2016, at Oban Sheriff Court, the appellant was convicted after trial on indictment of two contraventions of section 28 of the Sexual Offences (Scotland) Act 2009, namely, penetrating sexually with his penis the vagina of LG a child who had not atta......

Grant Gay v. Her Majesty’s Advocate [2017] HCJAC 62

Note of appeal against sentence:- The appellant was indicted in relation to a charge of culpable homicide and proceeded to trial at Edinburgh High Court between 3 and 8 March 2017. Following their deliberations the jury deleted culpable homicide and acquitted the appellant of that element of the ch......

R.C. v. Her Majesty’s Advocate [2017] HCJAC 61

Note of appeal against conviction and sentence:- The appellant went to trial at the High Court in relation to a charge of rape and relied on a special defence of consent. The appellant was convicted by the jury of the charge. The appellant was sentenced to 7 years imprisonment. The appellant appeal......

Darren Mitchell v. Her Majesty’s Advocate [2017] HCJAC 60

Note of appeal against conviction:- On 26 August 2016, at Kilmarnock Sheriff Court, the appellant was convicted after trial on indictment of a charge of being concerned in the supply of cocaine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was acquitted by the jury of three other ......

Joseph Francis McHale and Kevin Charles Schruyers v. Her Majesty’s Advocate [2017] HCJAC 35

Notes of appeal against conviction and sentence:- On 19 May 2016, at Glasgow High Court, the appellants were convicted after trial of charges 2, 9, 10, 25, 22, 24, 25 and 27 relating to forcing open or attempting to force open Automated Teller Machines in the Aberdeen area in 2013. During the cours......

Anthony Gannon v. Her Majesty’s Advocate [2017] HCJAC 58

Note of appeal against conviction:- On 25 July 2016, at Paisley Sheriff Court, the appellant was convicted after trial on indictment of two charges:- (1) a charge of assault with intent to rob; and (2) a contravention of section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely,......

K.P. v. Her Majesty’s Advocate [2017] HCJAC 57

Note of appeal against conviction:- The appellant was convicted after trial at the High Court of abducting, assaulting and raping a 15 year old girl. The appellant was sentenced to 5 years imprisonment. The appellant appealed against his conviction on the grounds of criticism of the conduct of the ......

B.M. v. Her Majesty’s Advocate [2017] HCJAC 55

Note of appeal against conviction and sentence:- The appellant went to trial at Edinburgh High Court in relation to 39 charges, the majority of which related to sexual conduct perpetrated against females whom the appellant was involved in relationships with at the relevant time. The Crown withdrew ......

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