Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. S.S.K. [2015] HCJAC 114

Crown appeal against sentence:- On 6 May 2015, at Glasgow High Court, the respondent was found guilty after trial of seven sexual offences perpetrated against 2 of his former partners and their children, namely:- (charge 1) on various occasions between 2007 and 2008 common law lewd and indecent pra......

Bruce McDougall v. Procurator Fiscal, Perth [2015] HCJAC 112

Appeal against sentence:- On 6 August 2015, at Perth Sheriff Court, the appellant pled guilty on summary complaint at an intermediate diet to drink driving contrary to section 5(1)(a) of the Road Traffic Act 1988. He was thereafter disqualified from driving for 3 years, ordered to pass the extended......

Alexander Sutherland v. Her Majesty’s Advocate [2015] HCJAC 115

Note of appeal against sentence:- On 19 June 2015, at Glasgow High Court, the appellant pled guilty, at a continued preliminary hearing, to a charge of being concerned in the supply of diamorphine over a period of 18 months contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant ......

David Glass v. Her Majesty’s Advocate [2015] HCJAC 116

Application for extension of time to lodge a note of appeal against conviction:- On 15 August 2014, at Dunfermline Sheriff Court, the appellant was convicted following a trial on indictment of a number of sexual offences committed against children. On 24 September 2014 he was sentenced to 3 ½ year......

Gary Mack v. Procurator Fiscal, Falkirk [2015] HCJAC 113

Appeal against conviction:- On 28 May 2015, at Falkirk 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, with a racial aggravation in terms of section 96 of the Crime and Disorde......

Mirza Baig v. Procurator Fiscal, Glasgow [2015] HCJAC 109

Appeal against conviction:- The appellant appeared on summary complaint at Glasgow Sheriff Court in relation to two charges:- (1) a contravention of Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; and (2) a contravention of section 50A(1)(b) of the Criminal Law (Consolidati......

Michael Stewart v. Her Majesty’s Advocate [2015] HCJAC 13

Bill of suspension:- Here the complainer sought to suspend a search warrant granted under section 23(3) of the Misuse of Drugs Act 1971 by a justice of the peace at Glasgow on 4 April 2012 in relation to the complainer’s property at 5 Daniel McLaughlin Place, Kirkintilloch. The complainer has sin......

Stuart Barclay v. Procurator Fiscal, Ayr [2015] HCJAC 110

Appeal by stated case:- On 2 October 2014, at Ayr Sheriff Court, the appellant was convicted after trial on summary complaint of a contravention of section 3 of the Sexual Offences (Scotland) Act 2009, namely, a charge of sexual assault and a charge of assault to injury. On 10 December 2014 the app......

Her Majesty’s Advocate v. A.B. [2015] HCJAC 106

Crown appeal against sentence:- On 2 June 2015, at Aberdeen High Court, the appellant was convicted after trial of a contravention of section 1 of the Sexual Offences (Scotland) Act 2009 by penetrating the complainer’s mouth with his penis. On 30 June 2015 the respondent was sentenced to three ye......

Thomas Byrne v. Her Majesty’s Advocate [2015] HCJAC 108

Note of appeal against conviction:- On 24 February 2014, at Glasgow High Court, the appellant was convicted after trial of a charge of attempted rape committed back around 1979. At the trial evidence was led from the complainer and from her friend SG. The complainer, who was 48 years of age by the ......

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