Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. Kenneth Graydon [2016] HCJAC 14

Crown appeal against sentence:- On 13 March 2015, at Glasgow High Court, the respondent pled guilty, at a preliminary hearing, to two charges:- (1) the theft of a quantity of groceries and tobacco at a convenience store in Prestwick; and (2) an assault of WY, an employee of the store, by struggling......

Allan Michael Carey v. Her Majesty’s Advocate [2016] HCJAC 10

Note of appeal against conviction:- On 19 November 2014, at Glasgow High Court, the appellant was convicted after trial of a charge of culpable homicide. The appellant’s co-accused, Sean McCulloch, was convicted of a charge of murder and a co-accused, Fergal Morgan, had the charge of murder withd......

Alan Clark v. Her Majesty’s Advocate [2016] HCJAC 11

Note of appeal against conviction:- On 9 September 2014, at Glasgow High Court, the appellant was convicted after trial of a number of charges relating to violent domestic abuse perpetrated between 1994-2008 against 4 complainers with whom he had previously been involved in relationships with. Two ......

Marcus Howe v. Procurator Fiscal, Ayr [2016] HCJAC 9

Appeal by stated case:- On 10 February 2015, at Ayr Sheriff Court, the appellant was found guilty after trial on summary complaint of a contravention of section 2 of the Road Traffic Act 1988, namely, dangerous driving, and a contravention of section 38(1) of the Criminal Justice and Licensing (Sco......

Ibrahim Ahmadi v. Her Majesty’s Advocate [2016] HCJAC 7

Note of appeal against sentence:- In July 2015, at Glasgow High Court, the appellant was convicted after trial of a charge of rape. He was sentenced to 7 years imprisonment. The appellant appealed against the sentence imposed on the grounds that it was excessive. It was submitted on behalf of the a......

James MacIver v. Her Majesty’s Advocate [2016] HCJAC 6

Note of appeal against sentence:- On 8 October 2015, at Edinburgh High Court, the appellant pled guilty under accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a contravention of section 4(3)(b) of the Misuse of Drugs Act 1971, namely, being concerned in the su......

Her Majesty’s Advocate v Michael Jason Leith [2016] HCJAC 8

Crown appeal against sentence:- On 22 September 2015, at Edinburgh High Court, the respondent pled guilty to attempting to conspire to do certain sexual things for which he was sentenced to a period of 18 months imprisonment. The Crown appealed against the sentence imposed on the grounds that it wa......

V.G. and C.Y. v. Her Majesty’s Advocate [2016] HCJAC 1

Notes of appeal against sentence:- The appellants were both convicted after trial in relation to a charge of forming a fraudulent scheme to have CY obtain parental responsibilities and rights as the father of a baby, B, who was born on 15 February 2011, of whom VG was the mother. The sheriff senten......

C.H. v. Her Majesty’s Advocate [2016] HCJAC 4

Note of appeal against conviction:- On 26 August 2014, at Glasgow High Court, the appellant was convicted after trial of two charges of rape committed against AB on 2 January 2014 contrary to section 1 of the Sexual Offences (Scotland) Act 2009. In relation to a further 3 charges (charges 5, 8 and ......

Alan Peter Humphrey v. Her Majesty’s Advocate [2016] HCJAC 5

Note of appeal against conviction:- On 21 October 2014, at Glasgow High Court, the appellant was convicted after trial of a charge of murder. A number of charges had been withdrawn by the Crown prior to the end of the trial, 4 of which related to allegations of assault perpetrated against the decea......

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