Euan A. Dow, Advocate’s Case Law Summaries

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Craig McLeod McMurdo v. Her Majesty’s Advocate [2015] HCJAC 37

Note of appeal against conviction and sentence:- On 22 May 2014, following a trial on indictment at Edinburgh Sheriff Court, the appellant was convicted unanimously of the following charges:- (1) a contravention of section 31 of the Sexual Offences (Scotland) Act 2009, namely, causing a 13 year old......

William Donnelly and Martin Walsh v. Procurator Fiscal, Edinburgh [2015] HCJAC 35

Appeal by Stated Cases:- on 19 October 2013 the appellants were apprehended by police officers at Easter Road Footaball Stadium in Edinburgh during the course of a Hibs v. Celtic match. The appellants were both heard to be singing, along with a number of other supporters in the away end, a song cal......

Luke Paul Gray v. Procurator Fiscal, Airdrie [2015] HCJAC 33

Appeal by Stated Case:- On 24 November 2014 at Airdrie Sheriff Court theappellant was convicted after trial of a contravention of section 5(1)(a) of theRoad Traffic Act 1988, namely drink driving. During the course of the trial theCrown led evidence from a nurse (‘G’) and two police officers. A......

James Duffy v. Her Majesty’s Advocate [2015] HCJAC 29

Appeal against conviction and sentence:- On 14 March 2014, at Glasgow Sheriff Court, following a trial on indictment the appellant was found guilty of a charge of assault to severe injury, permanent disfigurement and to the danger of life by repeatedly striking a male, Richard Watson, on the head a......

Francis Drummond v. Her Majesty’s Advocate [2015] HCJAC 30

Appeal against conviction:- On 25 June 2014, at Livingston High Court, the appellant was convicted after trial of assaulting his partner, LM, to severe injury and permanent disfigurement. He was also convicted of a charge of raping LM contrary to section 1 of the Sexual Offences (Scotland) Act 2009......

John Cairney v. Her Majesty’s Advocate [2015] HCJAC 31

Appeal against sentence:- The appellant was convicted of a charge of attempted murder and sentenced to a period of 10 years imprisonment. He appealed against his sentence on the grounds that it was excessive. Here the court refused the appeal and pointed to the following factors:- (1) premeditated ......

David Dunbar v. Her Majesty’s Advocate [2015] HCJAC 22

Appeal against conviction:- On 20 February 2014 the appellant was convicted after trial on indictment, along with his co-accused, of being concerned in the supply of diamorphine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The co-accused was also convicted of a charge of being conce......

Myles Gibson Simpson v. Her Majesty’s Advocate [2015] HCJAC 20

Appeal against sentence:- On 9 July 2013 the appellant pled guilty of indictment to a charge of assault by inter alia threatening to stab ‘X’ in the eye with an uncapped needle to her injury. An agreed narration of facts was presented to the sheriff and he adjourned for reports and subsequently......

Peter McGartland v. Her Majesty’s Advocate [2015] HCJAC 23

Appeal against conviction:- Following a trial on indictment the appellant was convicted of six charges of being concerned in the supply of controlled drugs contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was acquitted of a charge of breach of section 41(1)(a) of the Prisons (Scotlan......

Julie Wilson v. Procurator Fiscal, Glasgow [2015] HCJAC 26

Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- the appellant was charged on summary complaint of being in possession of cocaine contrary to section 5(2) of the Misuse of Drugs Act 1971. At a continued intermediate diet on 15 October 2014, following a telephone conversation......

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