Euan A. Dow, Advocate’s Case Law Summaries

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Harry Finnegan v. Her Majesty’s Advocate [2016] HCJAC 88

Note of appeal sentence:- On 24 May 2016, at Dundee Sheriff Court, the appellant pled guilty on indictment to a charge of assault to severe injury and permanent disfigurement which included an averment of repeatedly kicking the complainer on the head as he lay on the ground. The sentencing sheriff ......

Andrew Byrne v. Her Majesty’s Advocate [2016] HCJAC 84

Note of appeal against sentence:- On 11 February 2010, at Glasgow High Court, the appellant pled guilty under the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to 32 charges of a sexual nature relating to 19 complainers. The offences included:- 11 charges of m......

Peter Boath v. Her Majesty’s Advocate [2016] HCJAC 81

Note of appeal against conviction and sentence:- On 7 September 2015, at Edinburgh High Court, the appellant was convicted after trial of a charge of assault and abduction and a charge of assault and robbery both relating to events within ‘Subway’ on Leith Walk. In relation to the second charge......

Scott Townsley v. Her Majesty’s Advocate [2016] HCJAC 87

Note of appeal against sentence:- On 21 June 2016, at a first diet at Dundee Sheriff Court, the appellant pled guilty on indictment to:- a breach of a special condition of bail; three charges of assaulting police officers while in the execution of their duty; and a charge of assaulting a procurator......

Andrew Baisley v. Her Majesty’s Advocate [2016] HCJAC 82

Application to amend a note of appeal:- On 11 February 2016, at Glasgow Sheriff Court, the applicant was convicted after trial on indictment of two charges:- (1) taking indecent photographs of children contrary to section 52(1)(a) of the Civic Government (Scotland) Act 1982; and (2) possession of i......

William McBride v. Her Majesty’s Advocate [2016] HCJAC 78

Note of appeal against conviction:- The appellant was convicted after trial of charges 2, 8 and 11. The appellant was sentenced to a cumulo sentence of 5 years imprisonment. The appellant appealed against his conviction in relation to charge 11. It was contended on his behalf that the trial judge e......

J.M. v. Her Majesty’s Advocate [2016] HCJAC 80

Note of appeal against sentence:- On 3 March 2016, at the High Court of Justiciary at Livingston, the appellant was convicted after trial of charges 1, 2, 3, 5, 7 and 10 on the indictment of which some charges related to serious offences of indecency perpetrated against his daughter AM from the age......

Olu Aluko v. Her Majesty’s Advocate [2016] HCJAC 76

Note of appeal against conviction:- On 12 November 2015, following a trial on indictment at Dumbarton Sheriff Court, the appellant was convicted by a majority of the jury of two charges:- (1) a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; and (2) a contr......

Jaroslaw Pofelski v. Her Majesty’s Advocate [2016] HCJAC 77

Extradition appeal:- Here the appellant sought leave to appeal against a decision of the sheriff at Edinburgh who ordered the extradition of the appellant to Poland under the Extradition Act 2003. It was contended on behalf of the appellant that in relation to charges relating to conduct in 2003 an......

Andrew McLeish v. Her Majesty’s Advocate [2016] HCJAC 74

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the sheriff court of various charges including an assault on the complainer. The appellant appealed against his conviction on the basis that the trial sheriff had erred in allowing the procurator fiscal dep......

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