Euan A. Dow, Advocate’s Case Law Summaries

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Shaun Darroch Ferguson v. Her Majesty’s Advocate [2015] HCJAC 89

Note of appeal against conviction and sentence:- On 29 January 2015, at Dunfermline Sheriff Court, the appellant was convicted after trial on indictment of a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 and an assault to severe injury and permanent disfig......

Johor Javeed Mirza v. Her Majesty’s Advocate [2015] HCJAC 87

Application for permission to appeal to the United Kingdom Supreme Court:- On 4 November 2014, following a trial on indictment at Glasgow Sheriff Court, the applicant was found guilty of assault with intent to rape. Thereafter he was sentenced to three years imprisonment. The trial sheriff in his r......

Louise McDougall v. Her Majesty’s Advocate [2015] HCJAC 88

Note of appeal against conviction:- On 28 January 2015, at Dundee Sheriff Court, theappellant was convicted after trial on indictment of three charges, namely:- (1) acontravention of section 38 of the Criminal Justice and Licensing (Scotland) Act 2010;(2) an assault to severe injury and permanent d......

S.D. v. Her Majesty’s Advocate [2015] HCJAC 83

Note of appeal against sentence:- On 26 February 2015, at Glasgow High Court, the appellant pled guilty at a trial diet of assaulting his 6 week old daughter on 3 October 2012 to her severe injury, permanent impairment and to the danger of her life by seizing her on the body, shaking her, throwing ......

Aidan McHugh v. Procurator Fiscal, Airdrie [2015] HCJAC 86

Appeal against sentence:- On 10 April 2015, at Airdrie Sheriff Court, the appellant pled guilty on summary complaint to a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 in that he did “...take a screenshot of an image of [the complainer] ... from her mobi......

Her Majesty’s Advocate v. J.R.D. [2015] HCJ 85

Oppression:- On 1 October 2015, at Edinburgh High Court, the appellant went to trial on three charges:- (1) historic lewd, indecent and libidinous practices and behaviour towards CD, his niece, at 66 M Street, 2/2, 575 S Street and 11 D Street, Glasgow; (2) historic repeated rape of CD at 11 D Stre......

Procurator Fiscal, Ayr v. James Murphy [2015] HCJAC 78

Stated case:- On 22 August 2013 the respondent was made the subject of a non‑harassment order. Subsequently, the respondent appeared on a summary complaint containing a charge that he breached the order by approaching the complainer on 18 November 2014 contrary to section 234A(4) of the Criminal ......

Ahmad Yazdanparast v. Her Majesty’s Advocate [2015] HCJAC 82

Note of appeal against conviction:- In June 2014 the appellant was convicted of a charge of murder. The deceased was the appellant’s wife and the circumstances were that the appellant had poured petrol over her and ignited it. She subsequently died from her injuries. There had been a compelling c......

Ian Milligan v. Her Majesty’s Advocate [2015] HCJAC 84

Note of appeal against sentence:- On 23 April 2015, following a trial at Glasgow High Court, the appellant was convicted of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988. A Criminal Justice Social Work Report was requested and, on 28 May 2015, the appellant w......

Jamie Andrew MacLean v. Procurator Fiscal, Stornoway [2015] HCJAC 77

Appeal against sentence:- On 24 April 2015, at Stornoway Sheriff Court, the appellant pled guilty on summary complaint to:- (1) a contravention of section 3 of the Road Traffic Act 1988, namely, driving without due care and attention; and (2) a contravention of section 170(3) and (4) of the 1988 Ac......

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