Euan A. Dow, Advocate’s Case Law Summaries

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James Arthur v. Procurator Fiscal, Hamilton [2013] HCJAC 4

Appeal against sentence:- On 24 September 2013 the appellant was convicted after trial of a contravention of section 6 of the Road Traffic Act 1988 in that he failed without reasonable excuse to co-operate with a preliminary breath test, which test had been requested by a constable in uni......

Charles McAughey v. Her Majesty's Advocate [2013] HCJAC 163

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted to the High Court, along with six others, on a charge of concealing, transferring, and attempting to remove from Scotland criminal property within the meaning of the Proceeds of Crime Act 2002 co......

Her Majesty's Advocate v. Darrin Callander [2013] HCJAC 159

Crown appeal against sentence:- On 2 September 2013 at the High Court at Glasgow the respondent pled guilty at a preliminary hearing to a charge of murder. He was sentenced to a mandatory term of life imprisonment with the punishment part fixed at 9 years and 9 months, which had been disc......

James Whitham v. Her Majesty's Advocate [2013] HCJAC 154

Appeal against sentence:- On 15 August 2012 the appellant pled guilty to a contravention of section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely, being in possession of a knife in a public place. Following the obtaining of a Criminal Justice Social Work Report the sheriff i......

Jie Lin, Sheng Lu, Qing Guang He and Xin Chen v. Her Majesty's Advocate [2012] HCJAC 151

Bill of suspension:- On 17 August 2012 at Edinburgh Sheriff Court the appellants all appeared on a petition libelling various contraventions of the Misuse of Drugs Act 1971. They were all committed for further examination and appeared again on 24 August 2012, when the procurator fiscal de......

Samuel Freeburn v. Her Majesty's Advocate [2012] HCJAC 135

Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted to the High Court in relation to various drugs and firearms offences, following the search of his house at 114 Oronsay Avenue, Port Glasgow on 9 and 10 May 2011. Objection was taken ......

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