Euan A. Dow, Advocate’s Case Law Summaries

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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......

Andrew Kinloch and James Quinn v. Her Majesty’s Advocate [2015] HCJAC 102

Notes of appeal against sentence:- On 14 November 2013, at Edinburgh High Court, the appellants pled guilty under accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of assault and abduction of an inmate at HMP Saughton whereby they detained him against ......

D McL v. Her Majesty’s Advocate [2015] HCJAC 97

Section 65(8) appeal:- The appellant was indicted to Perth Sheriff Court in relation to two common law charges of lewd and libidinous conduct and behaviour alleged to have occurred in relation to two girls. On 28 November 2013 a Crown motion to extend the 11 and 12 month time limits within which th......

Laura Lunn v. Her Majesty’s Advocate [2015] HCJAC 103

Note of appeal against conviction:- The appellant went to trial on indictment at Edinburgh Sheriff Court in relation to four charges:- (1) a statutory breach of the peace; (2) an assault by punching; (3) an assault with the use of a bottle; and (4) having in a public place without a reasonable excu......

James Ayres v. Her Majesty’s Advocate [2015] HCJAC 98

Bill of Advocation:- The appellant was indicted to Paisley Sheriff Court on three charges of fraud relating to so called “bogus workmen” allegations. The procedural history of the indictment was that the case was indicted to a first diet on 23 November 2013 and a trial diet on 9 December 2013 w......

Robert Borland v. Her Majesty’s Advocate [2015] HCJAC 95

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant had objected to the admissibility of certain evidence obtained during a search carried out under section 23 of the Misuse of Drugs Act 1971 by way of a preliminary issue minute. The trial judge repelled the object......

Muazam Ali Shah v. Her Majesty’s Advocate [2015] HCJAC 99

Note of appeal against conviction:- On 1 September 2011, at Glasgow High Court, the appellant was convicted after trial of three charges:- (1) robbery and murder; (2) attempting to defeat the ends of justice; and (3) a contravention of section 5(2) of the Misuse of Drugs Act 1971, namely being in p......

Alan Kerr v. Her Majesty’s Advocate [2015] HCJAC 96

Note of appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- In 2009 the appellant pled ‘not guilty’ in relation to an offence that on various occasions between 1 and 15 July 1998 at an address near Stirling he used lewd, indecent and libidinous practices towards an 11 year o......

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