Euan A. Dow, Advocate’s Case Law Summaries

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John McMahon v. Her Majesty’s Advocate [2016] HCJAC 45

Note of appeal against sentence:- On 9 October 2015, at Glasgow High Court, the appellant was convicted of various contraventions of the Misuse of Drugs Act 1971, a contravention of section 2 of the Road Traffic Act and two charges relating to contraventions of the Firearms Act 1968. The appellant ......

Craig Parker v. Her Majesty’s Advocate [2016] HCJAC 40

Note of appeal against conviction:- On 23 September 2015, at Livingston High Court, the appellant was convicted after trial of a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. The circumstances of the offence were that the complainer was in bed and the appellant ca......

San Lee v. Her Majesty’s Advocate [2016] HCJAC 39

Note of appeal against conviction:- On 30 June 2014, at Edinburgh High Court, the appellant was convicted after trial of a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. On 29 July 2014 the appellant was sentenced to 54 months imprisonment. The appellant appealed a......

Colin Reid v. Her Majesty’s Advocate [2016] HCJAC 41

Note of appeal against conviction:- On 21 April 2015, at Inverness Sheriff Court, the appellant was convicted after trial on indictment of a charge of theft by housebreaking. He was sentenced to 15 months imprisonment. The appellant appealed against his conviction on the grounds that there was insu......

William Thomas Hill v. Her Majesty’s Advocate [2016] HCJAC 35

Note of appeal against conviction:- On 18 September 2015, at the High Court of Justiciary, the appellant was convicted after trial of a contravention of section 127(1)(a) of the Communications Act 2003 and a charge of attempted murder of two complainers relating to the willful fire rising of a prop......

Robin Attwell v. Her Majesty’s Advocate [2016] HCJAC 37

Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- Here the appellant appealed against the decision of the sheriff on 26 February 2016 to grant the Crown an extension to the 12 month time-bar to 22 April 2016. It was submitted on behalf of the appellant that the sheriff had err......

K.E. v. Her Majesty’s Advocate [2016] HCJAC 36

Note of appeal against sentence:- The appellant pled guilty to a number of sexual offences for which he received 2 concurrent cumulo sentences. Charges 1 and 4 related to installing a covert camera in the bathroom of his home, in order to film the genitals of two different children, charge 5 was a ......

Andrew Brown v. Her Majesty’s Advocate [2016] HCJAC 31

Reference from the Scottish Criminal Cases Review Commission:- On 11 April 2014, during the course of a trial, the appellant pled guilty to a charge of murder, threatening behaviour and attempting to pervert the course of justice. On 4 June 2014 the appellant was sentenced to life imprisonment with......

Her Majesty’s Advocate v. (1) AM and (2) JM [2016] HCJAC 34

Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:- On 24 June 2015, at Glasgow High Court, a judge at the Preliminary Hearing ordered the disclosure of recordings of police and social work Joint Investigative Interviews of the complainers to the respondents’ agents. The Cr......

Majid Iqbal v. Procurator Fiscal, Dumfries [2016] HCJAC 38

Appeal under section 194ZB of the Criminal Procedure (Scotland) Act 1995:- The appellant pled guilty to a contravention of section 2 of the Road Traffic Act 1988, namely, dangerous driving. The appellant was fined £600, discounted from £800 on account of the plea of guilty. He was disqualified fr......

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