Euan A. Dow, Advocate’s Case Law Summaries

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John Cairney v. Her Majesty’s Advocate [2015] HCJAC 31

Appeal against sentence:- The appellant was convicted of a charge of attempted murder and sentenced to a period of 10 years imprisonment. He appealed against his sentence on the grounds that it was excessive. Here the court refused the appeal and pointed to the following factors:- (1) premeditated ......

David Dunbar v. Her Majesty’s Advocate [2015] HCJAC 22

Appeal against conviction:- On 20 February 2014 the appellant was convicted after trial on indictment, along with his co-accused, of being concerned in the supply of diamorphine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The co-accused was also convicted of a charge of being conce......

Myles Gibson Simpson v. Her Majesty’s Advocate [2015] HCJAC 20

Appeal against sentence:- On 9 July 2013 the appellant pled guilty of indictment to a charge of assault by inter alia threatening to stab ‘X’ in the eye with an uncapped needle to her injury. An agreed narration of facts was presented to the sheriff and he adjourned for reports and subsequently......

Peter McGartland v. Her Majesty’s Advocate [2015] HCJAC 23

Appeal against conviction:- Following a trial on indictment the appellant was convicted of six charges of being concerned in the supply of controlled drugs contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was acquitted of a charge of breach of section 41(1)(a) of the Prisons (Scotlan......

Julie Wilson v. Procurator Fiscal, Glasgow [2015] HCJAC 26

Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- the appellant was charged on summary complaint of being in possession of cocaine contrary to section 5(2) of the Misuse of Drugs Act 1971. At a continued intermediate diet on 15 October 2014, following a telephone conversation......

Francis Bartkus v. Procurator Fiscal, Glasgow [2015] HCJAC25

Appeal against conviction:- On 16 October 2014, following trial on summary complaint at Glasgow Sheriff Court, the appellant was convicted of a charge of breach of the peace in that between 9 February 2014 and 26 February 2014 at a shop in Silverburn Shopping Centre he “...conducted himself in a ......

Alan Fraser v. Her Majesty’s Advocate [2015] HCJAC 27

Note of appeal against sentence:- The appellant was convicted of producing cannabis plants, and being concerned in their supply contrary to sections 4(2) and 4(3)(b) of the Misuse of Drugs Act 1971. The appellant had previously been convicted of the production and supply of cannabis for which he wa......

Barry Martin Dalton v. Her Majesty’s Advocate [2015] HCJAC 24

Note of appeal against conviction:- On 25 June 2014, following a trial at the High Court at Perth, the appellant was convicted of 5 charges relating to various assaults on previous partners together with a charge of repeatedly raping his partner KL contrary to section 1 of the Sexual Offences (Scot......

Andrew Fisher v. Her Majesty’s Advocate [2015] HCJAC18

Note of appeal against sentence:- The appellant pled guilty on indictment to being in possession of a quantity of 100 ecstasy tablets with intent to supply contrary to section 5(3) of the Misuse of Drugs Act 1971. The appellant was sentenced to 3 years imprisonment as a starting point discounted by......

R v Miah and Mohammed [2014] EWCA Crim 938 - 09/04/14

Examining the admissibility of evidence of the demeanour of a complainant The Appellants were both convicted of kidnapping and Mohammed was also convicted of blackmail. Both Appellants sought to appeal against their convictions. The issue on appeal related to the admissibility of evidence in rel......

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