Euan A. Dow, Advocate’s Case Law Summaries

Crown appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The accused appeared on summary complaint at the District Court in Dundee in relation to a charge of speeding. The accused challenged the relevancy of the complaint. He contended that:- (i) the Perth-Dunde......

Appeal in terms of section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The appellants were indicted to Paisley Sheriff Court in relation to eight charges, two of which related to all 5 appellants, and Kirsten Evans, and both of which related to serious assaults. On 2 May 2014, at the......

Note of appeal against conviction:- On 8 October 2013, following a trial on indictment at Paisley Sheriff Court, the appellant was convicted of a charge of assault and robbery whilst on bail. He appealed against his conviction on the following grounds:- (1) that the sheriff erred in repelling an ob......

Criminal note of appeal against conviction:- On 17 January 2013, following a trial at the High Court at Glasgow, the appellant was convicted of repeated indecent assaults on his two stepsons between 1975 and 1984. On 14 March 2013 the appellant was sentenced to 8 years imprisonment. On 30 July......

Does a shifting of the investigative burden render a fair trial impossible? The Appellant sought to appeal against her conviction for an offence of assault by beating on the basis that the Magistrates' Court should have acceded to an application made on her behalf to stay the proceedings as ......

Appeal by stated case:- In this case the appellant was convicted of various charges of assault on summary complaint at Edinburgh Sheriff Court perpetrated against his former partners. The appellant appealed against his conviction on the grounds that there were sufficient circumstances of similarity......

On 24 May 2011, at the High Court in Dundee, the appellant pled guilty to four charges involving the repeated rape of his two sisters from 1971 to 1979 when he was aged between 13 and 21. The sentencing judge selected a sentence in cumulo of 10 years for the rape offences and 5 years concurren......

Criminal note of appeal against conviction:- On 15 May 2013, at Glasgow Sheriff Court, the appellant was convicted after trial on indictment of charges of lewd, indecent and libidinous practices, a contravention of section 5 of the Sexual Offences (Scotland) Act 1976 and an indecent assault. The fi......

Criminal note of appeal against sentence:- The appellant appealed against the imposition of a supervised release order in terms of section 209 of the Criminal Procedure (Scotland) Act 1995 in relation to a charge of assault to injury and permanent disfigurement for which the appellant was......