Euan A. Dow, Advocate’s Case Law Summaries

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Christopher McCormick v. Her Majesty’s Advocate [2019] HCJAC 54

Note of appeal against conviction:- On 19 October 2018, at Glasgow Sheriff Court, the appellant proceeded to trial on indictment in relation to the following charge:- “On 30 May 2018 at 114 Woodland Crescent, Cambuslang, being a public place, you ... did, without reasonable excuse or lawful autho......

Joanne Mooney v. Her Majesty’s Advocate [2019] HCJAC 49

Note of appeal against sentence:- The appellant was indicted to the sheriff court in relation to being involved in a fraudulent scheme whereby HMRC were induced to make payment to claimants the sum of £50,981 and an attempt was made to induce payment of a further £35,968. The appellant pled guilt......

Graham Thomas Watson v. Her Majesty’s Advocate [2019] HCJAC 51

Note of appeal against conviction:- On 23 August 2018, at Edinburgh High Court, the appellant was convicted after trial on indictment of two charges:- (charge 1) the rape of AB on 15 January 2017 in Dundee whilst the complainer was asleep and under the influence of alcohol and continued after she h......

Liston Craig Pacitti v. Her Majesty’s Advocate [2019] HCJAC 50

Appeal following a reference by the SCCRC:- On 17 December 2017, at Dundee Sheriff Court, the appellant pled guilty to a charge of culpable and reckless conduct which he knew would cause a danger to health by supplying various quantities of new psychoactive substances between 3 July 2013 and 7 Dece......

Gary Goddard v. Her Majesty’s Advocate [2019] HCJAC 48

Note of appeal against conviction:- The appellant was convicted unanimously at the sheriff court of an indictment containing a charge of assault to severe injury, impairment, and permanent disfigurement by the use of a knife under deletion of the word “permanent”. Following the trial jurors wer......

Daniel Kinlan and Darren Boland v. Her Majesty’s Advocate [2019] HCJAC 47

Note of appeal against sentence:- On 23 November 2015, both appellants pled guilty to the attempted murder of Adekunle Tella on 1 August 2015. On 7 January 2016, Kinlan was made the subject of an extended sentence of 11 years 9 months, comprising of a custodial element of 6 years and 9 months and a......

Hai van Le also known as Trung Dung Le v. Her Majesty’s Advocate [2019] HCJAC 44

Note of appeal against sentence:- On 21 January 2019, at Aberdeen Sheriff Court, the appellant pled guilty on indictment to two charges:- (charge 3) being concerned in the supply of cannabis contrary to section 4(3)(b) of the Misuse of Drugs act 1971 over a two week period in 2018; and (charge 4) p......

Her Majesty’s Advocate v. CJB [2019] HCJAC 45

Crown appeal against sentence:- On 18 February 2019, at a trial at Aberdeen Sheriff Court, the respondent pled guilty on indictment to three charges relating to assaults on his wife and two daughters:- (1) on various occasions between 1998 and 2015, he assaulted his wife by repeatedly punching and ......

James Houten v. Her Majesty’s Advocate [2019] HCJAC 43

Note of appeal against sentence:- On 24 April 2018, at a first diet at the sheriff court, the appellant pled guilty on indictment to being concerned in the supply of cocaine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. He was sentenced to a period of 23 months imprisonment discounte......

John Falconer v. Her Majesty’s Advocate [2019] HCJAC 42

Note of appeal against sentence:- The appellant was convicted after trial at the High Court of a number of charges including:- (1) the repeated anal and vaginal rape of his then partner during November and December 2015 contrary to section 1 of the Sexual Offences (Scotland) Act 2009; (2) the anal ......

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