Euan A. Dow, Advocate’s Case Law Summaries

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Gary Mack v. Procurator Fiscal, Falkirk [2015] HCJAC 113

Appeal against conviction:- On 28 May 2015, at Falkirk Sheriff Court, the appellant was convicted after trial on summary complaint of a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010, with a racial aggravation in terms of section 96 of the Crime and Disorde......

Mirza Baig v. Procurator Fiscal, Glasgow [2015] HCJAC 109

Appeal against conviction:- The appellant appeared on summary complaint at Glasgow Sheriff Court in relation to two charges:- (1) a contravention of Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; and (2) a contravention of section 50A(1)(b) of the Criminal Law (Consolidati......

Michael Stewart v. Her Majesty’s Advocate [2015] HCJAC 13

Bill of suspension:- Here the complainer sought to suspend a search warrant granted under section 23(3) of the Misuse of Drugs Act 1971 by a justice of the peace at Glasgow on 4 April 2012 in relation to the complainer’s property at 5 Daniel McLaughlin Place, Kirkintilloch. The complainer has sin......

Stuart Barclay v. Procurator Fiscal, Ayr [2015] HCJAC 110

Appeal by stated case:- On 2 October 2014, at Ayr Sheriff Court, the appellant was convicted after trial on summary complaint of a contravention of section 3 of the Sexual Offences (Scotland) Act 2009, namely, a charge of sexual assault and a charge of assault to injury. On 10 December 2014 the app......

Her Majesty’s Advocate v. A.B. [2015] HCJAC 106

Crown appeal against sentence:- On 2 June 2015, at Aberdeen High Court, the appellant was convicted after trial of a contravention of section 1 of the Sexual Offences (Scotland) Act 2009 by penetrating the complainer’s mouth with his penis. On 30 June 2015 the respondent was sentenced to three ye......

Thomas Byrne v. Her Majesty’s Advocate [2015] HCJAC 108

Note of appeal against conviction:- On 24 February 2014, at Glasgow High Court, the appellant was convicted after trial of a charge of attempted rape committed back around 1979. At the trial evidence was led from the complainer and from her friend SG. The complainer, who was 48 years of age by the ......

John Strathern v. Procurator Fiscal, Paisley [2015] HCJAC 107

Bill of suspension:- On 29 June 2015, at Paisley Sheriff Court, the complainer was found to be in contempt of court. The complainer sought to have his conviction quashed by the presentation of a bill of suspension. The circumstances were that the complainer, who was cited to be a witness for a tria......

Robert Urquhart v. Her Majesty’s Advocate [2015] HCJAC 101

Note of appeal against conviction:- The appellant was convicted after trial on indictment of a charge of assault and a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. A special defence of self-defence had been lodged on behalf of the appellant which the she......

Christopher Beuckman v. Her Majesty’s Advocate [2015] HCJAC 104

Note of appeal against conviction and sentence:- In February 2015, at Paisley Sheriff Court, the appellant was convicted after trial on indictment of two charges relating to two breaches of a Sexual Offences Prevention Order imposed on 14 July 2014 at Paisley Sheriff Court. The SOPO prohibited the ......

W.A. v. Her Majesty’s Advocate [2015] HCJAC 105

Note of appeal against sentence:- On 23 March 2015, at Edinburgh High Court, the appellant was convicted after trial of the following 4 charges:- (1) repeated contravention of Section 6 of the Criminal Law (Consolidation) (Scotland) Act 1995, namely, statutory lewd, indecent and libidinous behaviou......

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