Euan A. Dow, Advocate’s Case Law Summaries

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Scott Stewart v. The Procurator Fiscal, Stirling [2015] HCJAC 93

Bill of Suspension:- Here the complainer sought to challenge the competency of two orders made by sheriffs at Stirling on 6 May 2015 and 24 June 2015 by way of a Bill of Suspension. The circumstances were that, on 19 January 2015, the complainer was sentenced, in relation to a contravention of the ......

Dean Preston v. The Procurator Fiscal, Dundee [2015] HCJAC 94

Appeal against conviction:- On 19 February 2015, at Dundee 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 in that he did behave in a threatening or abusive manner which was lik......

Petition of Elizabeth Howden to the Nobile Officium

Petition to the Nobile Officium:- On 27 February 2015, at Kilmarnock Sheriff Court, the petitioner was found to be in contempt of court and fined £500. Here the petitioner appealed against that finding and sought recall of the conviction. It was submitted on behalf of the petitioner that the sheri......

Thomas Laird v. Her Majesty’s Advocate [2015] HCJAC 90

Note of appeal against sentence:- On 2 June 2014, at Glasgow High Court, the appellant was convicted after trial of a number of charges relating to the physical and sexual abuse of 5 former partners over a period of 18 years including the repeated rape of two of the complainers and the rape of one ......

Alain Climent v. Her Majesty’s Advocate [2015] HCJAC 92

Note of appeal against conviction and sentence:- On 9 December 2014, at Edinburgh High Court, the appellant was convicted after trial of various offences committed against three former partners. In relation to the first complainer he was convicted of various charges, however, he was acquitted in re......

Shaun Darroch Ferguson v. Her Majesty’s Advocate [2015] HCJAC 89

Note of appeal against conviction and sentence:- On 29 January 2015, at Dunfermline Sheriff Court, the appellant was convicted after trial on indictment of a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 and an assault to severe injury and permanent disfig......

Johor Javeed Mirza v. Her Majesty’s Advocate [2015] HCJAC 87

Application for permission to appeal to the United Kingdom Supreme Court:- On 4 November 2014, following a trial on indictment at Glasgow Sheriff Court, the applicant was found guilty of assault with intent to rape. Thereafter he was sentenced to three years imprisonment. The trial sheriff in his r......

Louise McDougall v. Her Majesty’s Advocate [2015] HCJAC 88

Note of appeal against conviction:- On 28 January 2015, at Dundee Sheriff Court, theappellant was convicted after trial on indictment of three charges, namely:- (1) acontravention of section 38 of the Criminal Justice and Licensing (Scotland) Act 2010;(2) an assault to severe injury and permanent d......

S.D. v. Her Majesty’s Advocate [2015] HCJAC 83

Note of appeal against sentence:- On 26 February 2015, at Glasgow High Court, the appellant pled guilty at a trial diet of assaulting his 6 week old daughter on 3 October 2012 to her severe injury, permanent impairment and to the danger of her life by seizing her on the body, shaking her, throwing ......

Aidan McHugh v. Procurator Fiscal, Airdrie [2015] HCJAC 86

Appeal against sentence:- On 10 April 2015, at Airdrie Sheriff Court, the appellant pled guilty on summary complaint to a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 in that he did “...take a screenshot of an image of [the complainer] ... from her mobi......

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