Euan A. Dow, Advocate’s Case Law Summaries

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Her Majesty’s Advocate v. KB [2022] HCJ 1

Objection to the admissibility of evidence:- The Crown objected to the admissibility of certain passages in defence production 1, a psychological report by Professor Gary MacPherson dated 21 December 2018 under section 79 Criminal Procedure (Scotland) Act 1995. At a hearing on the objection, eviden......

Raymond Nyiam v. Her Majesty’s Advocate [2021] HCJAC 44

Note of appeal against conviction:- The appellant was convicted after trial at the high court of two charges of rape relating to two different complainers whilst they were intoxicated and incapable of giving or withholding consent. In both charges the jury deleted the words “and asleep or unconsc......

Her Majesty’s Advocate v. Michael McCarthy [2021] HCJAC 46

Crown appeal against sentence:- On 6 August 2021, at Edinburgh High Court, the appellant was sentenced to 5 years imprisonment having been found guilty after trial of 5 charges:- (1) attempted rape of a male, contrary to section 1 of the Sexual Offences (Scotland) Act 2009; (3) sexual ass......

Brian Docherty v. Her Majesty’s Advocate [2021] HCJAC 45

Bill of Suspension:- On 29 November 2020 the complainer was charged by the police with assault to severe injury. He was released on an undertaking to attend Dunoon sheriff court on 10 December 2020 and he did so, to be told that the undertaking had been cancelled and his case would not call th......

Gary Orr v. Her Majesty’s Advocate [2021] HCJAC 42

Note of appeal against conviction:- On 3 March 2021, following a trial at Airdrie Sheriff Court, the appellant was convicted on indictment of a charge of assault to severe injury and to the danger to life in relation to repeatedly striking Patrick Clarke on the head and body with a knife. The appel......

Colin Marshall v. Her Majesty’s Advocate [2021] HCJAC 40

Note of appeal against sentence:- The appellant was convicted after trial at the high court of the following charges:- (1) an assault to injury involving repeated punching of his friend’s head, knocking him to the ground, and rendering him unconscious; (2) an assault to injury of his friend’s f......

(1) John Docherty and (2) Don Templeton v. Her Majesty’s Advocate [2021] HCJAC 36

Note of appeal against conviction:- The appellants were convicted after trial at the high court of a charge of attempted murder in relation to a shooting incident on 31 October 2017 in Bridge of Weir. Both appellants appealed against their conviction on the ground that the trial judge erred in repe......

S.B. v. Her Majesty’s Advocate [2021] HCJAC 11

Note of appeal against conviction:- The appellant was indicted, along with his co-accused, of charges physical and sexual offences perpetrated against two young and vulnerable teenage girls in Cupar and Dundee between December 2002 and March 2006. The co-accused had various charges withdrawn agains......

Daniel Wilson v. Her Majesty’s Advocate [2021] HCJAC 12

Note of appeal against conviction and sentence:- The appellant faced an indictment containing 9 charges:- (1) indecent and physical assaults on his partner AA; (2) rape of Ms A; (3) indecent and physical assaults on AA: (4) assault on Ms A; (5) indecent assaults on JA, the child of the appellant an......

David Scott v. Her Majesty’s Advocate [2021] HCJAC 22

Note of appeal against conviction:- On 10 May 2018, following a trial at Glasgow High Court, the appellant was convicted of a charge of murder. He was sentenced to life imprisonment with a punishment part of 22 years. The libel was withdrawn against his co-accused during the trial. The appellant ap......

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