Euan A. Dow, Advocate’s Case Law Summaries

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Paul McFadyen v. Procurator Fiscal, Paisley [2019] HCJAC 65

Appeal from the Sheriff Appeal Court:- The appellant was convicted after trial at Paisley Sheriff Court of a summary complaint including two charges (charges 2 and 3), both contraventions of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. The appellant was acquitted of a ch......

David Kinloch v. Her Majesty’s Advocate [2019] HCJAC 66

Note of appeal against conviction:- On 30 January 2019, at Dunfermline Sheriff Court, the appellant was convicted after trial on indictment of three charges:- (charge 1) on 30 December 2017 behaving in a threatening or abusive manner including uttering threats of violence towards Kieran Locke, whil......

Ross Pollock-Smith v. Procurator Fiscal, Stirling [2019] HCJAC 67

Appeal from the sheriff court in terms of section 184ZB of the Criminal Procedure (Scotland) Act 1995:- On 19 September 2018, at Stirling Sheriff Court, the appellant appeared from custody in relation to a charge of shouting, swearing and uttering offensive remarks and threats of violence towards t......

David Briggs v. Her Majesty’s Advocate [2019] HCJAC 63

Note of appeal against conviction:- On 3 May 2018, at the High Court, the appellant was convicted after trial of two charges relating to the sexual abuse of members of his family. Charge 1 was a charge of rape relating to his cousin perpetrated on 27 October 2006. On 31 May 2018, following the obta......

R.B.A v. Her Majesty’s Advocate [2019] HCJAC 56

Note of appeal against conviction:- On 29 August 2018, at Glasgow High Court, the appellant was convicted after trial of 5 charges of sexual offences perpetrated against two complainers. On 10 October 2018, the appellant was sentenced to 8 years imprisonment. The Crown case was based on the applica......

Graham Paterson v. Her Majesty’s Advocate [2019] HCJAC 60

Note of appeal against conviction:-On 20 September 2018, at Hamilton Sheriff Court, the appellant was convicted after trial on indictment of a charge of assault with intent to rape contrary to section 3 of the Sexual Offences (Scotland) Act 2009 and the common law. After obtaining a Criminal Justic......

David Scott v. Her Majesty’s Advocate [2019] HCJAC 59

Application to amend a note of appeal:- On 10 May 2018, at Glasgow High Court, the appellant was convicted of the murder of Euan Johnston on 15 November 2016. He was sentenced to life imprisonment, with a punishment part of 22 years. Here the appellant applied to amend a note of appeal which was lo......

John Frederick Scrimgeour-Wedderburn v. The Procurator Fiscal, Kirkcaldy [2019] HCJAC 57

Appeal from the Sheriff Appeal Court under section 194zb of the Criminal Procedure (Scotland) Act 1995:- The circumstances were that on 26 April 2018 the appellant was caught speeding in his motor car when he was recorded on a speed camera travelling at 55mph on the A92 near Glenrothes where the sp......

William Wright v. Her Majesty’s Advocate [2019] HCJAC 55

Note of appeal against conviction and sentence:- On 13 August 2018, at Glasgow High Court, the appellant was convicted after trial of three charges:- (1) on various occasions between 1 August 1974 and 30 June 1976 at a school using lewd, indecent and libidinous practices and behaviour towards LM a ......

James Irvine McMeekin v. Her Majesty’s Advocate [2019] HCJAC 53

Note of appeal against conviction:- On 18 May 2018, at Glasgow High Court, the appellant was convicted after trial of the following two charges:- (1) a charge of vaginal rape whilst the complainer was asleep and continued when she awoke committed on an occasion between 1 and 23 July 2009 contrary t......

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