Euan A. Dow, Advocate’s Case Law Summaries

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Procurator Fiscal, Edinburgh v. Faisal Aziz [2022] HCJAC46

Appeal from the Sheriff Appeal Court under section 194ZB of the Criminal Procedure (Scotland) Act 1995:- The respondent was convicted on summary complaint at Edinburgh Sheriff Court of a contravention of section 7(1) of the Sexual Offences (Scotland) Act 2009 in that “...whilst acting in the cour......

His Majesty’s Advocate v. RS [2022] HCJAC 41

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:-The respondent was indicted to Kirkcaldy Sheriff Court on seven charges relating to allegations concerning his former partner including:- (a) charge 1 alleged a common law breach of the peace on various occasions between O......

Darren James Hughes v. His Majesty’s Advocate [2022] HCJAC 44

Note of appeal against conviction:- On 3 February, following a trial at Glasgow High Court, the appellant was convicted of two charges:- (1) an assault on his sister, Ashley Hughes, by entering her flat in Edinburgh uninvited, punching her on the head and kicking her on the body, all to her injury;......

Richard Gordon v. His Majesty’s Advocate [2022] HCJAC 49

Note of appeal against conviction and sentence:-The appellant was convicted after trial at Glasgow High Court of the attempted murder of Brian Cleary by repeatedly striking him on the head and body with a knife. He was also convicted of carrying a knife in a public place contrary to section 47(1) o......

His Majesty’s Advocate v. Brian John Laughlin [2022] HCJAC 42

Appeal under sections 107B and 110(1)(e) of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted on a number of charges relating to the alleged abuse of different ex-partners including  three assaults on, and/or rapes of, MM on three occasions between August and Septem......

Darren Morton Eddie and John Kennedy v. His Majesty’s Advocate [2022] HCJAC45

Note of appeal against sentence:-On 9 February 2022, following a trial at Edinburgh High Court, the appellants were found guilty, along with their co-accused Morton Eddie and Ross Fisher, of the murder of Kenneth Reilly who was shot whilst a passenger in a car being driven on Bilsland Drive, Glasgo......

Lukasz Czapla v. His Majesty’s Advocate [2022] HCJAC 40

Note of appeal against sentence:-The appellant was convicted after trial at the High Court of ten charges including a charge relating to the murder of his two year old son. The trial judge imposed the mandatory sentence of life imprisonment with a punishment part of 23 years. He appealed against th......

J.H. v. His Majesty’s Advocate [2022] HCJAC 39

Note of appeal against conviction:-On 24 February 2022, following a trial on indictment at the sheriff court, the appellant was convicted after trial of three charges of lewd, indecent and libidinous practices and behaviour towards three complainers (charges 4, 5 and 6). The sheriff sentenced the a......

Connie Lee Graham v. Her Majesty’s Advocate [2022] HCJAC 36

Bill of Advocation:-On 22 July 2022 the summary sheriff at Falkirk refused to grant bail and adjourned the hearing to a later date. Here the complainer sought to advocate those decisions it being contended that the summary sheriff did not have the power to continue the diet. The circumstances were ......

C.A. v. Her Majesty’s Advocate [2022] HCJAC 33

Note of appeal against conviction and sentence:-The appellant was convicted after trial on indictment at the sheriff court of two charges:- (1) a contravention of section 1 of the Domestic Abuse (Scotland) Act 2018; and (2) a contravention of section 38(1) of the Criminal Justice and Licensing (Sco......

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