Euan A. Dow, Advocate’s Case Law Summaries

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Majid Iqbal v. Procurator Fiscal, Dumfries [2016] HCJAC 38

Appeal under section 194ZB of the Criminal Procedure (Scotland) Act 1995:- The appellant pled guilty to a contravention of section 2 of the Road Traffic Act 1988, namely, dangerous driving. The appellant was fined £600, discounted from £800 on account of the plea of guilty. He was disqualified fr......

Shamsul Arefin v. Her Majesty’s Advocate [2016] HCJAC 32

Note of appeal against conviction and sentence:- On 3 July 2015, at Fort William Sheriff Court, the appellant was convicted after trial of four contraventions of section 4(1)(a) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, namely, arranging or facilitating the arrival into t......

Brian Laing v. Her Majesty’s Advocate [2016] HCJAC 33

Note of appeal against conviction:- On 10 August 2015, at Paisley Sheriff Court, the appellant was convicted after trial of a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 by striking at the front door of the flat with a machete, kicking the door and break......

James McCracken v. Her Majesty’s Advocate [2016] HCJAC 28

Note of appeal against conviction:- On 13 February 2015, at Glasgow High Court, the appellant was convicted after trial of various charges of indecency and sentenced to 8 years imprisonment. The Crown relied on the evidence of the three complainers in the case and the application of the doctrine of......

Paul Chalmers v. Her Majesty’s Advocate [2016] HCJAC 27

Note of appeal against conviction:- On 10 June 2015, at Paisley Sheriff Court, the appellant was convicted after trial on indictment of a contravention of section 47(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely, having in his possession in a public place without reasonable exc......

Kyle Elvin McWilliam v. Procurator Fiscal, Dumfries [2016] HCJAC 29

Bill of suspension:- On 9 September 2015 a sheriff at Dumfries granted a warrant to the police to take the fingerprints of the complainer in relation to ongoing summary proceedings. Here the complainer sought suspension of that warrant. In relation to the issue of whether the bill was, by virtue of......

William Neil Lauder v. Her Majesty’s Advocate [2016] HCJAC 30

Note of appeal against conviction:- On 1 May 2015, at Edinburgh Sheriff Court, the appellant was convicted after trial on indictment of the theft of £194,825 of goods from Aero Leather Clothing Limited with whom he worked. The appellant appealed against his conviction. It was the appellant’......

Sandra Elizabeth Fraser or Anderson or Bruce v. Her Majesty’s Advocate [2016] HCJAC 25

Note of appeal against sentence:- On 19 June 2015, at Glasgow High Court, the appellant was convicted after trial of a charge of murder, the deceased being her partner of 20 years. Following the obtaining of a Criminal Justice Social Work Report the trial judge imposed a sentence of life imprisonme......

James Sinclair v. Her Majesty’s Advocate [2016] HCJAC 26

Note of appeal against conviction:- On 25 March 2015, at Airdrie Sheriff Court, the appellant was convicted after trial on indictment of being concerned in the supply of cocaine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant had been indicted along with his co-accused, W......

Angus Sinclair v. Her Majesty’s Advocate [2016] HCJAC 24

Note of appeal against sentence:- On 14 November 2014, at Livingston High Court, the appellant was convicted after trial of two charges of murder, known as the World’s End murders. A Criminal Justice Social Work Report was not required as the appellant was serving a prison sentence at the time of......

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