Euan A. Dow, Advocate’s Case Law Summaries

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Jordan Thomas Smart v. Her Majesty’s Advocate [2016] HCJAC 73

Note of appeal against sentence:- On 10 May 2016 the appellant, who was aged 18, pled guilty on indictment at the Sheriff Court to being concerned in the supply of heroin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant was sentenced to 27 months detention discounted form ......

John David McIntosh v. Her Majesty’s Advocate [2016] HCJAC 75

Note of appeal against sentence:- The appellant was convicted after trial at the High Court of Justiciary of four sexual offences (charges 1, 2, 6 and 9) from an indictment containing ten charges:- (a) charge 1 was a charge that between December 1996 and December 1997 the appellant repeatedly sexua......

James Wilson v. Her Majesty’s Advocate [2016] HCJAC 70

Note of appeal against conviction:- On 17 November 2015, at Edinburgh High Court, the appellant was convicted after trial of two charges of extortion and attempted extortion. Charge 1 libelled that the appellant, along with a co-accused JC, sent an anonymous letter to WT and made anonymous phone ca......

P.R.W. v. Her Majesty’s Advocate [2016] HCJAC 71

Note of appeal against conviction:- In October 2015 the appellant was convicted after trial at the high court of three charges of using lewd, indecent and libidinous practices and behaviour towards two complainers aged between 4 and 7 (AB and DE), the rape of DE and the rape of another child, FG, w......

P.G. v. Her Majesty’s Advocate [2016] HCJAC 72

Note of appeal against conviction:- The appellant was convicted after trial at the sheriff court of inter alia a contravention of section 31 of the Sexual Offences (Scotland) Act 2009 whereby the appellant, an adult, had intentionally caused AB, a child between the ages of 13 and 16, to participate......

George Donald Smith v. Her Majesty’s Advocate [2016] HCJAC 67

Note of appeal against conviction:- On 27 October 2015, at Glasgow High Court, the appellant was convicted after trial of a charge of murder. On 6 January 2016 the appellant was sentenced to life imprisonment with a punishment part of 14 years. The main issue at trial was whether the deceased had d......

Angus McAskill v. Her Majesty’s Advocate [2016] HCJAC 64

Note of appeal against conviction:- On 11 December 2015, at Glasgow High Court, the appellant was convicted after trial of nine out of seventeen charges relating to various sexual assaults/assaults perpetrated against his partner JC (charges 1,2, 4, 5, and 6) and LMcD (charges 9, 10, 11 and 13), th......

Andrew John Miller v. Her Majesty’s Advocate [2016] HCJAC 68

Note of appeal against conviction and sentence:- On 16 January 2015, at Edinburgh High Court, the appellant was convicted after trial of 6 charges:- assault of PG to injury on various occasions (charge 1); assault of KM to injury on various occasions (charge 6); rape of KM on various occasions (cha......

Edward Stephen McBride (aka Guy Richie) v. Her Majesty’s Advocate [2016] HCJAC 66

Note of appeal against conviction:- On 2 December 2015, at Paisley Sheriff Court, the appellant was convicted after trial of four charges two being common law breaches of the peace (charges 1 and 2) and charges 3 and 4 being ‘stalking’ offences contrary to section 39 of the Criminal Justice and......

Andrew Jones v. Her Majesty’s Advocate [2016] HCJAC 65

Appeal in terms of section 74 of the Criminal Procedure (Scotland) Act 1995:-The appellant was indicted to Stirling Sheriff Court in relation to various contraventions of section 4(3)(b) of the Misuse of Drugs Act 1971 and section 170(2) of the Customs and Excise Management Act 1979. In advance of ......

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