Euan A. Dow, Advocate’s Case Law Summaries

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Francis Bartkus v. Procurator Fiscal, Glasgow [2015] HCJAC25

Appeal against conviction:- On 16 October 2014, following trial on summary complaint at Glasgow Sheriff Court, the appellant was convicted of a charge of breach of the peace in that between 9 February 2014 and 26 February 2014 at a shop in Silverburn Shopping Centre he “...conducted himself in a ......

Alan Fraser v. Her Majesty’s Advocate [2015] HCJAC 27

Note of appeal against sentence:- The appellant was convicted of producing cannabis plants, and being concerned in their supply contrary to sections 4(2) and 4(3)(b) of the Misuse of Drugs Act 1971. The appellant had previously been convicted of the production and supply of cannabis for which he wa......

Barry Martin Dalton v. Her Majesty’s Advocate [2015] HCJAC 24

Note of appeal against conviction:- On 25 June 2014, following a trial at the High Court at Perth, the appellant was convicted of 5 charges relating to various assaults on previous partners together with a charge of repeatedly raping his partner KL contrary to section 1 of the Sexual Offences (Scot......

Andrew Fisher v. Her Majesty’s Advocate [2015] HCJAC18

Note of appeal against sentence:- The appellant pled guilty on indictment to being in possession of a quantity of 100 ecstasy tablets with intent to supply contrary to section 5(3) of the Misuse of Drugs Act 1971. The appellant was sentenced to 3 years imprisonment as a starting point discounted by......

R v Miah and Mohammed [2014] EWCA Crim 938 - 09/04/14

Examining the admissibility of evidence of the demeanour of a complainant The Appellants were both convicted of kidnapping and Mohammed was also convicted of blackmail. Both Appellants sought to appeal against their convictions. The issue on appeal related to the admissibility of evidence in rel......

David Clark v. Her Majesty's Advocate [2014] HCJAC 108

Note of appeal against sentence:- On 28 February 2014, at Edinburgh High Court, the appellant pled guilty to a charge of culpable homicide following a incident in which the appellant stabbed his nephew on the leg with a knife as a result of which the nephew died. On 28 March 2014 the appellant was ......

Procurator Fiscal, Dundee v. Ronald Martin [2014] HCJAC 97

Crown appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The accused appeared on summary complaint at the District Court in Dundee in relation to a charge of speeding. The accused challenged the relevancy of the complaint. He contended that:- (i) the Perth-Dunde......

David Stewart, Shelby Sloan, Natisha Bentley, Daniel Whyte and Danielle McSporran v. Her Majesty's Advocate [2014] HCJAC 93

Appeal in terms of section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The appellants were indicted to Paisley Sheriff Court in relation to eight charges, two of which related to all 5 appellants, and Kirsten Evans, and both of which related to serious assaults. On 2 May 2014, at the......

Martin Docherty v. Her Majesty's Advocate [2014] HCJAC 71

Note of appeal against conviction:- On 8 October 2013, following a trial on indictment at Paisley Sheriff Court, the appellant was convicted of a charge of assault and robbery whilst on bail. He appealed against his conviction on the following grounds:- (1) that the sheriff erred in repelling an ob......

W.B. v. Her Majesty's Advocate [2014] HCJAC 52

Criminal note of appeal against conviction:- On 17 January 2013, following a trial at the High Court at Glasgow, the appellant was convicted of repeated indecent assaults on his two stepsons between 1975 and 1984. On 14 March 2013 the appellant was sentenced to 8 years imprisonment. On 30 July......

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