Euan A. Dow, Advocate’s Case Law Summaries

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Andrew Baisley v. Her Majesty’s Advocate [2016] HCJAC 82

Application to amend a note of appeal:- On 11 February 2016, at Glasgow Sheriff Court, the applicant was convicted after trial on indictment of two charges:- (1) taking indecent photographs of children contrary to section 52(1)(a) of the Civic Government (Scotland) Act 1982; and (2) possession of i......

William McBride v. Her Majesty’s Advocate [2016] HCJAC 78

Note of appeal against conviction:- The appellant was convicted after trial of charges 2, 8 and 11. The appellant was sentenced to a cumulo sentence of 5 years imprisonment. The appellant appealed against his conviction in relation to charge 11. It was contended on his behalf that the trial judge e......

J.M. v. Her Majesty’s Advocate [2016] HCJAC 80

Note of appeal against sentence:- On 3 March 2016, at the High Court of Justiciary at Livingston, the appellant was convicted after trial of charges 1, 2, 3, 5, 7 and 10 on the indictment of which some charges related to serious offences of indecency perpetrated against his daughter AM from the age......

Olu Aluko v. Her Majesty’s Advocate [2016] HCJAC 76

Note of appeal against conviction:- On 12 November 2015, following a trial on indictment at Dumbarton Sheriff Court, the appellant was convicted by a majority of the jury of two charges:- (1) a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; and (2) a contr......

Jaroslaw Pofelski v. Her Majesty’s Advocate [2016] HCJAC 77

Extradition appeal:- Here the appellant sought leave to appeal against a decision of the sheriff at Edinburgh who ordered the extradition of the appellant to Poland under the Extradition Act 2003. It was contended on behalf of the appellant that in relation to charges relating to conduct in 2003 an......

Andrew McLeish v. Her Majesty’s Advocate [2016] HCJAC 74

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of various charges including an assault on the complainer. The appellant appealed against his conviction on the basis that the trial sheriff had erred in allowing the procurator fiscal dep......

Jordan Thomas Smart v. Her Majesty’s Advocate [2016] HCJAC 73

Note of appeal against sentence:- On 10 May 2016 the appellant, who was aged 18, pled guilty on indictment at the Sheriff Court to being concerned in the supply of heroin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant was sentenced to 27 months detention discounted form ......

John David McIntosh v. Her Majesty’s Advocate [2016] HCJAC 75

Note of appeal against sentence:- The appellant was convicted after trial at the High Court of Justiciary of four sexual offences (charges 1, 2, 6 and 9) from an indictment containing ten charges:- (a) charge 1 was a charge that between December 1996 and December 1997 the appellant repeatedly sexua......

James Wilson v. Her Majesty’s Advocate [2016] HCJAC 70

Note of appeal against conviction:- On 17 November 2015, at Edinburgh High Court, the appellant was convicted after trial of two charges of extortion and attempted extortion. Charge 1 libelled that the appellant, along with a co-accused JC, sent an anonymous letter to WT and made anonymous phone ca......

P.R.W. v. Her Majesty’s Advocate [2016] HCJAC 71

Note of appeal against conviction:- In October 2015 the appellant was convicted after trial at the high court of three charges of using lewd, indecent and libidinous practices and behaviour towards two complainers aged between 4 and 7 (AB and DE), the rape of DE and the rape of another child, FG, w......

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