Euan A. Dow, Advocate’s Case Law Summaries

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Justinas Gubinas and Nerijus Radavicius v. Her Majesty’s Advocate [2017] HCJAC 59

Notes of appeal against conviction:- On 29 April 2016, at Aberdeen High Court, the appellants were convicted after trial of a contravention of sections 1 and 3 of the Sexual Offences (Scotland) Act 2009, namely, the rape and sexual assault of RD whilst she was intoxicated and incapable of giving or......

Her Majesty’s Advocate v. Jennifer Cordiner and Hollie McKenzie [2017] HCJAC 53

Bill of advocation:- The respondents were indicted to Peterhead Sheriff Court in relation to a charge of assault to severe inury and permanent disfigurement of a 32 year old man by repeatedly punching and kicking him on the head, striking him on the head with a glass bottle and stabbing him on the ......

Her Majesty’s Advocate v. I.P. [2017] HCJAC 56

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The respondent has been indicted to Fakirk Sheriff Court in relation to an alleged contravention of section 30 of the Sexual Offences (Scotland) Act 2009 by engaging in online conversations and arranging to meet, to gain ......

Michael Stuart v. Her Majesty’s Advocate [2017] HCJAC 54

Application for leave to appeal to the United Kingdon Supreme Court:- On 14 October 2016, at Glasgow High Court, the applicant was convicted after trial of a contravention of section 28(1) of the Criminal Justice and Licensing (Scotland) Act 2010 in that he agreed with others, including Andrew Stev......

Sean Wilson v. Her Majesty’s Advocate [2017] HCJAC 52

Note of appeal against conviction:- The appellant was convicted after trial on indictment of a charge of assault to severe injury by the appellant throwing a kettle of boiling water over a fellow prisoner within a prison kitchen. At the trial the complainer identified the appellant as being the per......

Steven Green and Alan D’Ambrosio v. Her Majesty’s Advocate [2017] HCJAC 51

Notes of appeal against conviction:- On 17 March 2016, at Edinburgh High Court, the appellants were convicted after trial of a charge of assault including aggravations of abduction, robbery and extortion. On 13 April 2016, following the obtaining of Criminal Justice Social Work Reports, the court s......

J.R. v. Her Majesty’s Advocate [2017] HCJAC 49

Note of appeal against sentence:- The appellant was convicted of two charges of rape. In addition, evidence had been let at trial in relation to two further charges, which were withdrawn for evidential reasons, relating to 2 further female complainers and a charge of lewd and libidinous practises t......

Mohammed Razzaq v. Her Majesty’s Advocate [2017] HCJAC 45

Note of appeal against conviction:- On 5 February 2016, at Glasgow High Court, the appellant was convicted after trial of a charge of assault to severe injury and permanent disfigurement by inter alia penetrating his wife’s vagina with his fist whereby she lost consciousness, committed at an addr......

Her Majesty’s Advocate v. (1) Mark Chung and (2) Benjamin Kinnaird [2017] HCJAC 48

Crown appeal under section 107A and D of the Criminal Procedure (Scotland) Act 1995:- At the close of the Crown case the court upheld ‘no case to answer’ submissions made on behalf of the respondents in terms of section 97 of the Criminal Procedure (Scotland) Act 1995. Under section 107A and D ......

James Wightman v. Her Majesty’s Advocate [2017] HCJAC 50

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of the following charges:- (1) a contravention of section 30 of the Sexual Offences (Scotland) Act 2009, namely, engaging in sexual activity with or towards a child (AB) aged 13 to 15 year......

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