Euan A. Dow, Advocate’s Case Law Summaries

Appeal by stated case:- In this case the appellant was convicted of various charges of assault on summary complaint at Edinburgh Sheriff Court perpetrated against his former partners. The appellant appealed against his conviction on the grounds that there were sufficient circumstances of similarity......

On 24 May 2011, at the High Court in Dundee, the appellant pled guilty to four charges involving the repeated rape of his two sisters from 1971 to 1979 when he was aged between 13 and 21. The sentencing judge selected a sentence in cumulo of 10 years for the rape offences and 5 years concurren......

Criminal note of appeal against conviction:- On 15 May 2013, at Glasgow Sheriff Court, the appellant was convicted after trial on indictment of charges of lewd, indecent and libidinous practices, a contravention of section 5 of the Sexual Offences (Scotland) Act 1976 and an indecent assault. The fi......

Criminal note of appeal against sentence:- The appellant appealed against the imposition of a supervised release order in terms of section 209 of the Criminal Procedure (Scotland) Act 1995 in relation to a charge of assault to injury and permanent disfigurement for which the appellant was......

Bill of Advocation:- The respondent had originally appeared on petition on 15 June 2011 in relation to possession of a lock knife contrary to section 49(1) of the Criminal Law (Consolidation)(Scotland) Act 1995, and a charge of being in possession of cocaine contrary to section 5(2) ......

Hearsay provisions applicable to a retrial: The Defendants were charged with a number of sexual offences. There was a retrial. At the retrial one of the Complainants refused to give evidence because of both the distress she had suffered at giving evidence in the first trial and because she did not ......

Appeal against sentence:- On 24 September 2013 the appellant was convicted after trial of a contravention of section 6 of the Road Traffic Act 1988 in that he failed without reasonable excuse to co-operate with a preliminary breath test, which test had been requested by a constable in uni......

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted to the High Court, along with six others, on a charge of concealing, transferring, and attempting to remove from Scotland criminal property within the meaning of the Proceeds of Crime Act 2002 co......

Crown appeal against sentence:- On 2 September 2013 at the High Court at Glasgow the respondent pled guilty at a preliminary hearing to a charge of murder. He was sentenced to a mandatory term of life imprisonment with the punishment part fixed at 9 years and 9 months, which had been disc......