Euan A. Dow, Advocate’s Case Law Summaries

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John Milligan v. Her Majesty’s Advocate [2016] HCJAC 22

Reference from the Scottish Criminal Cases Review Commission:- On 7 May 2009, at Edinburgh High Court, the appellant was convicted after trial of seven charges relating to the possession, taking/permitting to be taken, distribution/showing of indecent photographs of children contrary to the Civic G......

David Blackwood v. Her Majesty’s Advocate [2016] HCJAC 23

Note of appeal against conviction:- On 4 June 2015, at Dundee Sheriff Court, the appellant was convicted after trial of a charge of assault and robbery whilst on bail, along with a Colleen McPhee. The appellant was sentenced to 475 days imprisonment which was discounted from 18 months as the appell......

Andrew McCraw v. Procurator Fiscal, Aberdeen [2016] HCJAC 20

Appeal by stated case:- On 16 June 2015, at Aberdeen Sheriff Court, the appellant was convicted after trial on summary complaint of a charge of embezzlement of £8334.80. The circumstances of the offence were that appellant was provided with a credit card for expenses in connection with his employm......

Stewart Winton v. Her Majesty’s Advocate [2016] HCJAC 19

Note of appeal against conviction:- The appellant was convicted after trial at the High Court of a charge of rape, contrary to section 1 of the Sexual Offences (Scotland) Act 2009. He was subsequently sentenced to 4 ½ years imprisonment. The appellant appealed against his conviction on the grounds......

Her Majesty’s Advocate v. Francis David Auld [2016] HCJAC 18

Application under section 3(3)(b) of the Double Jeopardy (Scotland) Act 2011:- Here the Crown sought to have the respondent’s acquittal from a trial in 1992 set aside and for authority to bring a new indictment. The evidence relied upon by the Crown in support of the application came from five wi......

Sean Lees v. Her Majesty’s Advocate [2016] HCJAC 16

Note of appeal against conviction:- On 27 February 2015, at Airdrie Sheriff Court, the appellant was convicted of 4 charges of assault perpetrated against 2 complainers. In relation to complainer GD the appellant was convicted of assaults against her between 1998 and 2007 and the remaining charge r......

Walter Masocha v. Her Majesty’s Advocate [2016] HCJAC 15

Note of appeal against conviction:- On 27 April 2015, at Falkirk Sheriff Court, the appellant was convicted after trial on indictment of a contravention of section 3 of the Sexual Offences (Scotland) Act 2009, namely, the sexual assault of JG together with a contravention of section 30 of the Sexua......

A.A. v. Her Majesty’s Advocate [2016] HCJAC 17

Bail appeal:- On 31 August 2015, the appellant, a foreign national who entered the United Kingdom illegally in July 2015, appeared on petition on a charge of rape. He was committed for further examination and bail was refused due to concerns about him absconding. The appellant was fully committed o......

Liam Joseph Allan Reid Rodgerson v. Procurator Fiscal, Alloa [2016] HCJAC 12

Note of appeal against sentence:- On 10 December 2014, at Alloa Sheriff Court, the appellant pled guilty on summary complaint to a contravention of section 127(1)(a) of the Communications Act 2003 by posting on Facebook messages which were grossly offensive or of an indecent or obscene or menacing ......

Robert Cameron v. Her Majesty’s Advocate [2016] HCJAC 13

Extradition appeal:- On 29 October 2015, at Edinburgh Sheriff Court, the applicant was ordered to be extradited to Spain in terms of the Extradition Act 2003. Here the applicant sought leave to appeal against the order that was made. The charge which the applicant faces in Spain relates to the supp......

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