Euan A. Dow, Advocate’s Case Law Summaries

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James Campbell v. Her Majesty’s Advocate [2019] HCJAC 85

Note of appeal against sentence:- On 29 January 2019, at a continued preliminary hearing at Glasgow High Court, the appellant pled guilty to a single charge of sexual assault and rape contrary to sections 1 and 2 of the Sexual Offences (Scotland) Act 2009. On 17 June 2019, following the obtaining o......

Darren Patrick Jeffrey Edwards v. Her Majesty’s Advocate [2019] HCJAC 80

Note of appeal against conviction:- The appellant was indicted and proceeded to trial at Edinburgh High Court in January 2019 in relation to 33 charges alleging various offences of indecency including 5 rapes contrary to section 1 of the Sexual Offences (Scotland) Act 2009, 4 charges of having sexu......

Kyle Stewart v. Her Majesty’s Advocate [2019] HCJAC 79

Note of appeal against sentence:- In July 2019, at Dundee Sheriff Court, the appellant proceeded to trial in relation to a charge of causing serious injury by dangerous driving, contrary to section 1A of the Road Traffic Act 1988. Prior to the start of the trial the appellant pled guilty to four co......

L.M. v. Her Majesty’s Advocate [2019] HCJAC 82

Note of appeal against sentence:- On 22 July 2019, at Livingston Sheriff Court, the appellant, now aged 17, pled guilty to a charge of assault to severe injury by repeatedly punching and kicking CB, aged 16, on the head and body and striking him on the body with a knife, under provocation. Followin......

Michael McCarroll v. Her Majesty’s Advocate [2019] HCJAC 83

Note of appeal against conviction:- On 6 November 2018, at Airdrie Sheriff Court, the appellant was convicted after trial of a charge of assault to severe injury and permanent impairment by repeatedly punching and kicking the complainer on the head and body and throwing a bottle at him. He was also......

Her Majesty’s Advocate v. M.M. [2019] HCJAC 77

Appeal under section 107A of the Criminal Procedure (Scotland) Act 1995:- The respondent proceeded to trial at Glasgow High Court in relation to 18 charges. Charges 4-8 related to lewd, indecent and libidinous practices and behaviour, indecent assaults and rapes of LM, the respondent’s sister bet......

David Collins v. Her Majesty’s Advocate [2019] HCJAC 69

Note of appeal against sentence:- On 17 May 2019, at Glasgow High Court, the appellant was convicted after trial of a charge of murder and attempting to defeat the ends of justice by dismembering the deceased’s body and disposing of it. The only part of the deceased’s body recovered was the tor......

Frazer Angus Neil v. Her Majesty’s Advocate [2019] HCJAC 70

Note of appeal against sentence:- On 1 November 2018, a Glasgow High Court, the appellant was convicted after trial of a charge of murder. On 29 November 2018, following the obtaining of a Criminal Justice Social Work Report and a psychiatric report, the appellant was sentenced to life imprisonment......

Alexander McKinlay v. Her Majesty’s Advocate [2019] HCJAC 75

Note of appeal against sentence:- The appellant was indicted and went to trial at Edinburgh High Court in relation to two charges:- (1) a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009; and (2) failing to attend at a Preliminary Hearing on 17 August 2018 contrary to......

Josh McLean v. Her Majesty’s Advocate [2019] HCJAC 64

Note of appeal against sentence:- The appellant was convicted after trial at the sheriff court of six charges relating to his former partner:- (1) a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 aggravated by section 1 of the Abusive Behaviour and Sexual H......

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