Euan A. Dow, Advocate’s Case Law Summaries

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Piotr Valdermar Rysmanowski v. Her Majesty’s Advocate [2019] HCJAC 88

Note of appeal against conviction:- On 16 August 2018, at Dumfries Sheriff Court, the appellant was convicted after trial of a charge of sexually assaulting a child (RS) under the age of 13 contrary to section 20 of the Sexual Offences (Scotland) Act 2009 in that he did:- “…(a) induce her to re......

Francis Cairney v. Her Majesty’s Advocate [2019] HCJAC 87

Note of appeal against conviction:- On 14 December 2018, at Hamilton Sheriff Court, the appellant was convicted after trial of seven charges of indecent assault (including charge 8 involving the complainer, WA) and 2 charges of lewd, indecent and libidinous practices and behaviour in relation ......

Ronnie Hume McCafferty v. Her Majesty’s Advocate [2019] HCJAC 92

Note of appeal against conviction:- On 12 March 2019, at Glasgow High Court, the appellant was convicted after trial of four charges:- (1) lewd, indecent and libidinous practices and behaviour against KH when she was aged 6-11 years; (2)  contravention of section 6 of the Criminal Law (Co......

A.S.G. v. Her Majesty’s Advocate [2019] HCJAC 91

Appeal under section 62 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to the High Court in relation to three charges including a charge of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988 by driving without corrective eyewear when hi......

R.C. v. Her Majesty’s Advocate [2019] HCJAC 62

Note of appeal against sentence:- On 12 February 2019, at pert Sheriff Court, the appellant pled guilty on indictment in terms of section 76 of the Criminal Procedure (Scotland) Act 1995 to:- (1) a contravention of sections 31 and 34 of the Sexual Offences (Scotland) Act 2009; (2) a contravention o......

Paul Green, Lee Noonan and Robbie Darren Brown v. Her Majesty’s Advocate [2019] HCJAC 76

Notes of appeal against conviction and sentence:- On 7 December 2018, at Glasgow High Court, the appellants were convicted of various offences including a charge of murder. On 29 January 2019, following the obtaining of Criminal Justice Social Work Reports, the trial judge imposed sentences of dete......

Her Majesty’s Advocate v. J.G. [2019] HCJ 71

Application under Section 275 of the Criminal Procedure (Scotland) Act 1995:- The accused was indicted to the High Court in relation to 5 charges including three charges of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. The complainer in each of the charges was the accused......

James Campbell v. Her Majesty’s Advocate [2019] HCJAC 85

Note of appeal against sentence:- On 29 January 2019, at a continued preliminary hearing at Glasgow High Court, the appellant pled guilty to a single charge of sexual assault and rape contrary to sections 1 and 2 of the Sexual Offences (Scotland) Act 2009. On 17 June 2019, following the obtaining o......

Darren Patrick Jeffrey Edwards v. Her Majesty’s Advocate [2019] HCJAC 80

Note of appeal against conviction:- The appellant was indicted and proceeded to trial at Edinburgh High Court in January 2019 in relation to 33 charges alleging various offences of indecency including 5 rapes contrary to section 1 of the Sexual Offences (Scotland) Act 2009, 4 charges of having sexu......

Kyle Stewart v. Her Majesty’s Advocate [2019] HCJAC 79

Note of appeal against sentence:- In July 2019, at Dundee Sheriff Court, the appellant proceeded to trial in relation to a charge of causing serious injury by dangerous driving, contrary to section 1A of the Road Traffic Act 1988. Prior to the start of the trial the appellant pled guilty to four co......

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