Euan A. Dow, Advocate’s Case Law Summaries

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Mohammed Abboud v. Her Majesty’s Advocate [2016] HCJAC 124

Note of appeal against conviction:- The appellant was convicted after trial of a charge of murder. The appellant appealed on the grounds of alleged misdirections by the trial judge. It was contended on behalf of the appellant that the use by the trial judge of the word “assassin” in providing a......

Alan Carmichael v. Her Majesty’s Advocate [2016] HCJAC 123

Note of appeal against conviction:-The appellant was convicted after trial on indictment at the sheriff court in relation to a charge of assault and robbery. The appellant appealed against his conviction on the grounds that the sheriff had been wrong to prevent the the defence (or the Crown) making......

Duncan Brown v. Her Majesty’s Advocate [2016] HCJAC 112

Note of appeal against conviction:- In May and June 2014, at Glasgow High Court, the appellant stood trial on an indictment containing 21 charges relating to allegations of physical and sexual violence perpetrated against 5 female former partners over 20 years. During the course of the trial the Cr......

William Bennett McGuire v. Her Majesty’s Advocate [2016] HCJAC 113

Section 65 appeal under the Criminal Procedure (Scotland) Act 1995:- Here it was submitted on behalf of the appellant that the judge had erred in granting the Crown an extension to the time limits specified in section 65 of the Criminal Procedure (Scotland) Act 1995. It was contended on behalf of t......

William Davidson v. Her Majesty’s Advocate [2016] HCJAC 110

Note of appeal against sentence:- On 2 August 2016, at Perth Sheriff Court, the appellant pled guilty on indictment at the first diet to a charge of assault and robbery whereby he had entered a newsagents’ in Perth with his face masked and assaulted an employee there by demanding money and pressi......

Her Majesty’s Advocate v. (1) RV; (2) PO; (3) JM; and (4) KS [2016] HCJAC 103

Bills of advocation and section 65 appeals:- On 13 July 2015, at Edinburgh High Court, the trial judge deserted the trial against the 4 respondents pro loco et tempore and then refused to extend the 11 and 12 month timebar periods to allow the Crown to reindict. Here the Crown presented a Bill of A......

J.C. v. Her Majesty’s Advocate [2016] HCJAC 100

Note of appeal against conviction:- On 20 January 2016, at Glasgow High Court, the appellant was convicted after trial of 4 charges from an indictment containing 24 charges. A number of charges were withdrawn prior to the close of the Crown case but the remaining 19 charges, all of which related to......

V.B v. Her Majesty’s Advocate [2016] HCJAC 101

Note of appeal against conviction:- On 12 September 2014, following a trial at Aberdeen High Court, the appellant was convicted of a number of charges:- (charge 1) a charge of rape contrary to he common law; (charge 3) a statutory charge of using lewd, indecent and libidinous practices and behavior......

Scottish Power Generation Ltd v. Her Majesty’s Advocate [2016] HCJAC 99

Note of appeal against sentence:- On 12 May 2016, at Dunfermline Sheriff Court, the appellants pled guilty by accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to contraventions of section 2(1) and 33(1)(a) of the Health and Safety at Work Act 1974 in that as a re......

Her Majesty’s Advocate v. E.R. [2016] HCJ 98

Submission in terms of section 97 of the Criminal Procedure (Scotland) Act 1995:- The Accused was indicted to the High Court and proceeded to trial in respect of various charges. At the close of the Crown case a ‘no case to answer’ submission in terms of section 97 of the Criminal Procedure (Sc......

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