Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. J.R.D. [2015] HCJ 85

Oppression:- On 1 October 2015, at Edinburgh High Court, the appellant went to trial on three charges:- (1) historic lewd, indecent and libidinous practices and behaviour towards CD, his niece, at 66 M Street, 2/2, 575 S Street and 11 D Street, Glasgow; (2) historic repeated rape of CD at 11 D Stre......

Procurator Fiscal, Ayr v. James Murphy [2015] HCJAC 78

Stated case:- On 22 August 2013 the respondent was made the subject of a non‑harassment order. Subsequently, the respondent appeared on a summary complaint containing a charge that he breached the order by approaching the complainer on 18 November 2014 contrary to section 234A(4) of the Criminal ......

Ahmad Yazdanparast v. Her Majesty’s Advocate [2015] HCJAC 82

Note of appeal against conviction:- In June 2014 the appellant was convicted of a charge of murder. The deceased was the appellant’s wife and the circumstances were that the appellant had poured petrol over her and ignited it. She subsequently died from her injuries. There had been a compelling c......

Ian Milligan v. Her Majesty’s Advocate [2015] HCJAC 84

Note of appeal against sentence:- On 23 April 2015, following a trial at Glasgow High Court, the appellant was convicted of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988. A Criminal Justice Social Work Report was requested and, on 28 May 2015, the appellant w......

Jamie Andrew MacLean v. Procurator Fiscal, Stornoway [2015] HCJAC 77

Appeal against sentence:- On 24 April 2015, at Stornoway Sheriff Court, the appellant pled guilty on summary complaint to:- (1) a contravention of section 3 of the Road Traffic Act 1988, namely, driving without due care and attention; and (2) a contravention of section 170(3) and (4) of the 1988 Ac......

Graham Carroll v. Her Majesty’s Advocate [2015] HCJAC 75

Note of appeal against conviction:- The appellant was convicted after trial of two contraventions of section 4(3)(b) of the Misuse of Drugs Act 1971, namely, that he was concerned in the supply of two types of controlled drugs, pentylone, a class B drug and methylmethcathinone or mephedrone a class......

Alastair George Ross v. Her Majesty’s Advocate [2015] HCJAC 80

Note of appeal against sentence:- On 13 January 2015 the appellant pled guilty on indictment to a contravention of section 34(1) of the Sexual Offences (Scotland) Act 2009, namely, attempting to communicate with an older child by repeatedly sending written communications via the internet to a 13 ye......

Iyanu Adebayo v. Procurator Fiscal, Paisley [2015] HCJAC 79

Bill of suspension:- On 13 March 2008, at Paisley Sheriff Court, the complainer appeared on summary complaint and pled guilty to a contravention of section 25(5)(a) of the Identity Cards Act 2006, namely, having in her possession or under her control without reasonable excuse an identity document n......

Petition of the Scottish Criminal Cases Review Commission v. Dr Jim Swire and Rev John F. Mosey [2015] HCJAC 76

Petition under section 194D(3) of the Criminal Procedure (Scotland) Act 1995:- The respondents, family members of two of the victims of the deceased, Abdelbaset Ali Mohamed Al Megrahi, made an application to the petitioners for a review of the conviction of the deceased. The petitioners are current......

K.H. v. Her Majesty’s Advocate [2015] HCJAC42

Note of appeal against conviction:- On 6 June 2014, at Aberdeen High Court, the appellant was convicted after trial of various charges:- (charge 1) rape; (charge 2) assault; (charge 4) culpable and reckless conduct; (charge 5) assault; and (charge 7) rape. The jury returned a verdict of ‘not prov......

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