Euan A. Dow, Advocate’s Case Law Summaries

Bill of Advocation:- The appellant was indicted to Paisley Sheriff Court on three charges of fraud relating to so called “bogus workmen” allegations. The procedural history of the indictment was that the case was indicted to a first diet on 23 November 2013 and a trial diet on 9 December 2013 w......

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant had objected to the admissibility of certain evidence obtained during a search carried out under section 23 of the Misuse of Drugs Act 1971 by way of a preliminary issue minute. The trial judge repelled the object......

Note of appeal against conviction:- On 1 September 2011, at Glasgow High Court, the appellant was convicted after trial of three charges:- (1) robbery and murder; (2) attempting to defeat the ends of justice; and (3) a contravention of section 5(2) of the Misuse of Drugs Act 1971, namely being in p......

Note of appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- In 2009 the appellant pled ‘not guilty’ in relation to an offence that on various occasions between 1 and 15 July 1998 at an address near Stirling he used lewd, indecent and libidinous practices towards an 11 year o......

Bill of Suspension:- Here the complainer sought to challenge the competency of two orders made by sheriffs at Stirling on 6 May 2015 and 24 June 2015 by way of a Bill of Suspension. The circumstances were that, on 19 January 2015, the complainer was sentenced, in relation to a contravention of the ......

Appeal against conviction:- On 19 February 2015, at Dundee 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 in that he did behave in a threatening or abusive manner which was lik......

Petition to the Nobile Officium:- On 27 February 2015, at Kilmarnock Sheriff Court, the petitioner was found to be in contempt of court and fined £500. Here the petitioner appealed against that finding and sought recall of the conviction. It was submitted on behalf of the petitioner that the sheri......

Note of appeal against sentence:- On 2 June 2014, at Glasgow High Court, the appellant was convicted after trial of a number of charges relating to the physical and sexual abuse of 5 former partners over a period of 18 years including the repeated rape of two of the complainers and the rape of one ......

Note of appeal against conviction and sentence:- On 9 December 2014, at Edinburgh High Court, the appellant was convicted after trial of various offences committed against three former partners. In relation to the first complainer he was convicted of various charges, however, he was acquitted in re......