Euan A. Dow, Advocate’s Case Law Summaries

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Thandiwe Matikiti v. Her Majesty’s Advocate [2020] HCJAC 2

Note of appeal against sentence:-  In September2019, at Livingston Sheriff Court, the appellant pled guilty to a charge of fraud by advising the Student Awards Agency Scotland (SAAS) that the Home Office had given her indefinite leave to remain in the UK when she had not been granted......

Allan McClymont v. Her Majesty’s Advocate [2020] HCJAC 1

Appeal under section 65(1)(b) of the Criminal Procedure (Scotland) Act 1995:- On 27 September 2018, during the course of a trial at Paisley Sheriff Court,  the sheriff extended the 12 month time bar by 4 months under section 65(1)(b) of the Criminal Procedure (Scotland) Act 1995 after acc......

Scott McGaw and Eric Peter Reid v. Her Majesty’s Advocate [2019] HCJAC 78

Notes of appeal against conviction and sentence:- On 27 November 2018, at Glasgow High Court, the appellants were convicted of intentionally producing a psychoactive substance, namely, Etizolam  contrary to section 4 of the Psychoactive Substances Act 2016. At the close of the Crown case ......

Muhammed Rauf, Shahida Abid and Saima Hayat v. Her Majesty’s Advocate [2019] HCJAC 72

Notes of appeal against sentence:- The appellants were convicted after trial of a charge of murder. The second and third appellants were also convicted of attempting to pervert the course of justice which involved trying to clean up the locus, disposing of internal home CCTV footage and concocting ......

Her Majesty’s Advocate v. Jason Gilmour [2019] HCJAC 74

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant appealed against a decision of the Preliminary hearing judge that the Crown is barred from prosecuting the respondent for murder as a consequence of the appellant’s acceptance of a plea on 4 September 2012......

Callum Davidson v. Her Majesty’s Advocate [2019] HCJAC 84

Note of appeal against sentence:- On 3 May 2019 the appellant was convicted after trial of a charge of murder. The appellant’s co-accused, Steven Alexander Dickie, was also convicted of the charge of murder. The appellant’s other co-accused, Tasmin Glass, was unanimously convicted of culpable h......

S.G. v. Her Majesty’s Advocate [2019] HCJAC 68

Note of appeal against conviction:- The appellant was convicted after trial at the high court of a number of charges including two charges of assault on his ex-partner:- (1) assault to injury in January 2018; and (2) assault to severe injury and permanent disfigurement, which also included a rape o......

Tasmin Glass v. Her Majesty’s Advocate [2019] HCJAC 90

Note of appeal against sentence:- On 3 May 2019 the appellant was unanimously convicted of culpable homicide. Her co-accused Steven Alexander Dickie andCallum Davidson were both convicted of murder. On 30 May 2019, following the obtaining of Criminal Justice Social Work Reports, the trial judge imp......

Kevin Oliver v. Her Majesty’s Advocate [2019] HCJAC 93

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to a Preliminary Hearing at the High Court on 6 charges relating to two complainers (charges 1 and 2 re KK and charges 3-6 re JC):- (1) a contravention of section 2 of the Sexual Offences (Scotland) A......

Andrew McCaw v. Her Majesty’s Advocate [2019] HCJAC 94

Note of appeal against sentence:- On 10 May 2019, at a continued preliminary hearing at Glasgow High Court, the appellant pled guilty to a charge of aggravated assault perpetrated against  his former partner aggravated in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotla......

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