Euan A. Dow, Advocate’s Case Law Summaries

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Daniel Alexander Robertson v. His Majesty’s Advocate [2024] HCJAC 45

Note of appeal against conviction:- On 25 January 2024, following a trial at Edinburgh High Court, the appellant was convicted of the rape of 2 complainers (MM and AF). He was sentenced to seven years imprisonment. The appellant appealed against his conviction, it being contended that the trial jud......

Stuart Dempsey McMillan v. His Majesty’s Advocate [2024] HCJAC 42

Note of appeal against conviction:- On 1 February 2024, following a trial on indictment at Edinburgh Sheriff Court, the appellant was convicted of being in possession of a shotgun without a firearms certificate contrary to section 1(1)(a) of the Firearms Act 1968. The appellant also pled guilty to ......

Maria Elena Gardiner and Michael Anderson v. His Majesty’s Advocate [2024] HCJAC 44

Notes of appeal against conviction:- On 24 January 2024, following a trial at Glasgow High Court, the appellants, along with James Houston, were found guilty of a charge of murder following the death of Brian Maley and a charge of assaulting the deceased’s partner, Lynsey Patterson, with all rece......

His Majesty’s Advocate v. C.M. [2024] HCJAC 39

Crown appeal against sentence:- The respondent was convicted after trial at the High Court of four charges of rape. On 27 May 2024, following the obtaining of a Criminal Justice Social Work Report, the trial judge sentenced the respondent to a cumulo sentence of 6 years imprisonment. The day after ......

His Majesty’s Advocate v. M.J. [2024] HCJ 3

Section 275 application:- The applicant was indicted to a Preliminary Hearing in relation to 15 charges of alleged sexual offences. A section 275 application was lodged on behalf of the applicant in advance of the Preliminary Hearing. Paragraph 1 (a) of the application sought permission to admit th......

Petition of James Robert Hilton [2024] HCJ 2

Restoration of driving licence:- In 2017 the petitioner plead guilty to a charge of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988. On 19 May 2017, the petitioner was imprisoned for 50 months and was disqualified from holdingn or obtaining a driving licen......

Iain Packer v. His Majesty’s Advocate [2024] HCJAC 38

Note of appeal against sentence:- On 28 February 2024, following a trial at Glasgow High Court, the appellant was convicted of 33 charges, including the murder of Emma Caldwell in April 2005, an attempt to defeat the ends of justice in connection with that murder, and of the sexual abuse, abduction......

His Majesty’s Advocate v. A. P. [2024] HCJAC 31

Crown appeal against sentence:- The respondent was convicted after trial of three charges:- (1) charge 4 a charge of sexual assault of his ex-partner H, contrary to section 3 of the Sexual Offences (Scotland) Act 2009; (2) charge 10 a charge of rape of his ex-partner T, contrary to section 1 of the......

His Majesty’s Advocate v. David Docherty [2024] HCJAC 36

Crown appeal against sentence:- The respondent was convicted after trial at Glasgow High Court of four charges (14 further charges having been withdrawn by the Crown during the course of the trial):- (1) charge 1 - culpable and reckless conduct by discharging a loaded shotgun in the direction of th......

Darren Finnegan v. His Majesty’s Advocate [2024] HCJAC 33

Note of appeal against conviction:- On 26 October 2023, following a trial on indictment at Glasgow Sheriff Court, the appellant was convicted of two charges:- (1) charge 1 - having with him an offensive weapon, namely, a knife in a public place contrary to section 47(1) of the Criminal Law (Consoli......

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