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Euan A. Dow, Advocate’s Case Law Summaries
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Note of appeal against conviction:-On 24 February 2022, following a trial on indictment at the sheriff court, the appellant was convicted after trial of three charges of lewd, indecent and libidinous practices and behaviour towards three complainers (charges 4, 5 and 6). The sheriff sentenced the a......
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Court Date: Friday, 20 January 2023
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Court: The High Court of Justiciary
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Judgement Address: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2022hcjac39.pdf?sfvrsn=b907a3ee_1 Note of appeal against conviction:-On 24 February 2022, following a trial on indictment at the sheriff court, the appellant was convicted after trial of three charges of lewd, indecent and libidinous practices and behaviour towards three complainers (charges 4, 5 and 6). The sheriff sentenced the appellant to 12 months imprisonment in cumulo in respect of charges 4 and 5 and to 18 months imprisonment consecutively in respect of charge 6. The complainers in charges 4 and 5 were sisters aged 7 and between 8 and 12 when the offences took place. The complainer in charge 6 was aged 5 or 6 when the offence was committed. The appellant appealed against his conviction. It was contended on his behalf that given the time interval (around 19 years) between the events of charges 4 and 5 and charge 6, the sheriff ought to have directed the jury that there required to be special, compelling or extraordinary features present before they could convict of charge 6. It was submitted, under reference to Duthie v. HMA 2021 JC 207, that in certain cases there remained the possibility that a direction about special features might be required and that the present was one such case.In Duthie at paragraph 28 the court said:- “…What is essential, in terms of the settled law, which was described in Adam v HM Advocate (at [28]), are similarities in time, character and circumstances such as to demonstrate that the individual incidents are component parts of one course of conduct persistently pursued by the accused. The jury will have to be directed to that effect but, normally, that is all that is required…”. It was submitted on behalf of the appellant that the use of the word “normally” in Duthie indicated that the appeal court had in contemplation that there may be cases where such a direction is necessary and this was such a case. On behalf of the Crown it was submitted that such a direction was unnecessary where the conduct had been particularly idiosyncratic and the issue of the time interval had been referred to in both speeches and no miscarriage of justice had occurred. Here the court refused the appeal. The court stated that what was being said in Duthie at paragraph 28 was that the conventional directions are usually all that is needed whilst recognising that there may be occasions where something requires to be said eg where there are a large number of charges with different categories of offences or the evidence is particularly complex. The court stated here that what was decided in Duthie “put to bed bed once and for all the suggestion that a direction on special features had to be given.”
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Bill of Advocation:-On 22 July 2022 the summary sheriff at Falkirk refused to grant bail and adjourned the hearing to a later date. Here the complainer sought to advocate those decisions it being contended that the summary sheriff did not have the power to continue the diet. The circumstances were ......
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Note of appeal against conviction and sentence:-The appellant was convicted after trial on indictment at the sheriff court of two charges:- (1) a contravention of section 1 of the Domestic Abuse (Scotland) Act 2018; and (2) a contravention of section 38(1) of the Criminal Justice and Licensing (Sco......
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Note of appeal against conviction:- On 12 November 2021, following a trial at Dundee High Court, the appellant was convicted of a charge of attempted murder by striking two complainers with a motor vehicle he was driving. The appellant was subsequently sentenced to 6 years imprisonment. The issue a......
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Note of appeal against conviction:- The appellant was convicted after trial at the High Court of two charges:- (1) repeated assaults on his son, A, aged 6 over a period of 5 months by repeatedly striking him on the head with his hand and repeatedly pulling him by the hair; and (2) repeated assaults......
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Note of appeal against sentence:- On 16 May 2022 the appellant was sentenced to a period of 8 years imprisonment for offences of assault, robbery and theft by housebreaking, backdated to 14 April 2022 when the appellant pled guilty on day 8 of the trial. The sentencing judge selected a headline sen......
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Crown appeal against sentence:- The respondent was convicted after trial at the High Court of a charge of attempted murder. The trial judge selected a headline sentence of 6 years imprisonment and reduced the overall sentence by 578 days (by doubling the period of 289 days the respondent had spent ......
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Note of appeal against conviction:- The appellant was convicted after trial at the High Court of 14 charges including rape, domestic assault, indecent communications and threatening, abusive and controlling behaviour, relating to four separate complainers. The appellant appealed against his convict......
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Note of appeal against conviction:- On 21 November 2019, following a trial on indictment at Hamilton Sheriff Court, the appellant was found guilty of a charge of assaulting his partner on 26 December 2018 by striking her on the head with a glass bottle to her severe injury and permanent disfigureme......
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Bill of Advocation:- The respondent was indicted, along with a co-accused, on a charge of murder. The Preliminary Hearing took place on 5 June 2019 with a continued Preliminary Hearing fixed for 10 September and a trial diet for 19 November 2019. During the course of that High Court procedure (i.e.......
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