Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. (1) Ronnie Coulter; (2) Andrew Alexander Marshall Coulter; and (3) David Shields Montgomery [2016] HCJAC 96

Application under the Double Jeopardy (Scotland) Act 2011:- Here the applicant invited the court to set aside the acquittals of the respondents in relation to the murder of Surjit Singh Chhokar in 1998 and sought authority to bring a new prosecution against the respondents in terms of sections 3 an......

G.R. v. Her Majesty’s Advocate [2016] HCJAC 94

Note of appeal against sentence:- The appellant was indicted to Elgin Sheriff Court in relation to seven charges relating to alleged domestic abuse perpetrated against the appellant’s partner and son. Following the evidence of his partner, CA, the complainer in charges 1 and 4, and his son, SA, t......

Cameron Lyons v. Procurator Fiscal, Selkirk [2016] HCJAC 92

Petition to the Nobile Officium:- JC was due to appear for trial in connection with a charge of abusive behaviour at Borders General Hospital contrary to section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. The petitioner was due to give evidence at JC’s trial as a Crown witne......

Mohammed Ashif and Aliah Ashraf v. Her Majesty’s Advocate 2015 HCJAC 100

Appeal in relation to section 258 of the Criminal Procedure (Scotland) Act 1995:- The appellants were indicted to Glasgow Sheriff Court on a charge of fraud. A statement of uncontroversial evidence (SOUE) was served upon the appellants in terms of section 258(2) listing 68 alleged facts that were s......

Patrick O’Neill v. Her Majesty’s Advocate [2016] HCJAC 86

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of:- (1) a charge of assault; (2) being concerned in the supply of cannabis contrary to section 4(3)(b) of the Misuse of Drugs Act 1971; and (3) a charge of assault with intent to rape. He......

Michael Dulus v. Her Majesty’s Advocate [2016] HCJAC 91

Note of appeal against sentence:- On 21 October 2015, at Forfar Sheriff Court, the appellant pled guilty on indictment at a continued first diet to a contravention of section 1(a) of the Road Traffic Act 1988 in that he did drive dangerously and collide with another vehicle as a result of which the......

Conor McAteer v. Her Majesty’s Advocate [2016] HCJAC 90

Appeal against sentence following upon a reference from the SCCRC:- Here the appellant, aged 20, had been convicted of being concerned in the supply of ecstasy over a period of 3 ½ months contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He had been found in possession of ecstasy tablet......

Sean Barry Moynihan v. Her Majesty’s Advocate [2016] HCJAC 85

Note of appeal against conviction and sentence:- On 29 June 2015, at Glasgow High Court, the appellant was convicted after trial of a charge of rape. The appellant was subsequently made the subject of an Order for Lifelong Restriction with a punishment part fixed at 9 years. The appellant appealed ......

Christopher McMultan v. Her Majesty’s Advocate [2016] HCJAC 89

Note of appeal against conviction:-On 23 November 2015, at Edinburgh High Court, the appellant was unanimously convicted after trial of two charges of assault and robbery. He was sentenced to 12 years imprisonment. His co-accused had pled guilty to the same charges during the course of the trial. T......

Harry Finnegan v. Her Majesty’s Advocate [2016] HCJAC 88

Note of appeal sentence:- On 24 May 2016, at Dundee Sheriff Court, the appellant pled guilty on indictment to a charge of assault to severe injury and permanent disfigurement which included an averment of repeatedly kicking the complainer on the head as he lay on the ground. The sentencing sheriff ......

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