Euan A. Dow, Advocate’s Case Law Summaries

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Sean Lees v. Her Majesty’s Advocate [2016] HCJAC 16

Note of appeal against conviction:- On 27 February 2015, at Airdrie Sheriff Court, the appellant was convicted of 4 charges of assault perpetrated against 2 complainers. In relation to complainer GD the appellant was convicted of assaults against her between 1998 and 2007 and the remaining charge r......

Walter Masocha v. Her Majesty’s Advocate [2016] HCJAC 15

Note of appeal against conviction:- On 27 April 2015, at Falkirk Sheriff Court, the appellant was convicted after trial on indictment of a contravention of section 3 of the Sexual Offences (Scotland) Act 2009, namely, the sexual assault of JG together with a contravention of section 30 of the Sexua......

A.A. v. Her Majesty’s Advocate [2016] HCJAC 17

Bail appeal:- On 31 August 2015, the appellant, a foreign national who entered the United Kingdom illegally in July 2015, appeared on petition on a charge of rape. He was committed for further examination and bail was refused due to concerns about him absconding. The appellant was fully committed o......

Liam Joseph Allan Reid Rodgerson v. Procurator Fiscal, Alloa [2016] HCJAC 12

Note of appeal against sentence:- On 10 December 2014, at Alloa Sheriff Court, the appellant pled guilty on summary complaint to a contravention of section 127(1)(a) of the Communications Act 2003 by posting on Facebook messages which were grossly offensive or of an indecent or obscene or menacing ......

Robert Cameron v. Her Majesty’s Advocate [2016] HCJAC 13

Extradition appeal:- On 29 October 2015, at Edinburgh Sheriff Court, the applicant was ordered to be extradited to Spain in terms of the Extradition Act 2003. Here the applicant sought leave to appeal against the order that was made. The charge which the applicant faces in Spain relates to the supp......

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......

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