Euan A. Dow, Advocate’s Case Law Summaries

Note of appeal against conviction:- Following a trial at the High Court the appellant was convicted of three charges of being concerned in the supply of controlled drugs, namely, cocaine, cannabis and cannabis resin contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The appellant appealed......

Note of appeal against sentence:- On 9 June 2021, at Dumbarton Sheriff Court, the appellant (then aged 23) pled guilty to three charges:- (charge 1) taking or permitting to be taken or making indecent photographs or pseudo-photographs of children on various occasions between 1 February 2019 and 22 ......

Application for permission to appeal to the Supreme Court of the United Kingdom:- The applicant appealed against his conviction in relation to charge 1, a charge of lewd and libidinous practices and behaviour against complainer, H and charge 3, a charge of lewd and libidinous practices and behaviou......

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- On 2 November 2021 the sheriff at Kilmarnock upheld the respondent’s plea that the Lord Advocate, through the Procurator Fiscal Depute at Kilmarnock, had renounced the right to prosecute him by letter dated 21 December ......

Petition to the nobile officium:- The petitioner was found to be in contempt of court by a High Court bench of three judges and he was sentenced to 8 months imprisonment. The petitioner sought leave to appeal the decision to the United Kingdom Supreme Court and permission was refused by b......

Appeal from the Sheriff Appeal Court in terms of section 194zb of the Criminal Procedure (Scotland) Act 1995:- The appellant was charged on a summary complaint libelling two charges of lewd, indecent and libidinous behaviour which had allegedly occurred at various loci in Scotland and Ita......

Note of appeal against sentence:- On 1 October 2021, at a first diet at Livingston Sheriff Court, the appellant (aged 19) pled guilty on indictment to a charge being concerned in the supply of ecstasy to another or others and, in particular to MW (aged 15/16) over a 5 month period contrary to secti......

Appeal following refusal of section 275 application:- The appellant was indicted to a Preliminary Hearing at the High Court of Justiciary at Glasgow on eight charges alleging sexual offences committed against a number of complainers in the 1980s and 1990s. The appellant lodged a section 275 applica......

Note of appeal under section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The sheriff refused to extend the 12 month time limit within which a person who has appeared on petition must be brought to trial under section 65(3)(b) of the Criminal Procedure (Scotland) Act 1995. Here the Crown a......