Euan A. Dow, Advocate’s Case Law Summaries

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His Majesty’s Advocate v. E.K. [2025] HCJAC 10

Crown appeal against sentence:- On 10 September 2024, at Glasgow High Court, the respondent pled guilty under the accelerated procedure to two charges committed when he was aged 15:- (1) a charge of assault to injury with the use of a knife; and (2) a charge of culpable homicide from a single punch......

Andrew Kelly and Donna Brand v. His Majesty’s Advocate [2025] HCJAC 6

Notes of appeal against conviction and sentence:- On 14 December 2023, following a trial at Glasgow High Court, the appellants and Robert O’Brien were convicted of the murder of Caroline Glachan in 1996. All three were sentenced to life imprisonment with O’Brien, as the principal actor, receivi......

Sean Kirkup v. His Majesty’s Advocate [2025] HCJAC 9

Note of Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to a Preliminary Hearing at Glasgow High Court on seven charges relating to the rape, sexual assault and domestic abuse of various former partners. Charge 7 alleged the rape of LM and inc......

His Majesty’s Advocate v. R.B. [2025] HCJAC 7

Crown appeal against sentence:- On 14 June 2024, following a trial at Kilmarnock High Court, the respondent was convicted of two charges:- (1) charge 1 - causing his son, LC (aged 4-5), to participate in sexual activity, on an occasion between April 2011 and April 2013; and (2) charge 3 – the rap......

His Majesty’s Advocate v. Ian Sweeney [2025] HCJAC 5

Crown appeal against sentence:- On 9 October 2024 at Glasgow High Court the respondent pled guilty under the accelerated procedure to a contravention of section 28 of the Criminal Justice and Licensing (Scotland) Act 2010, namely, over a 6 week period in 2020 being involved in serious and organised......

Pa Samba Saye v. His Majesty’s Advocate [2025] HCJAC 8

Note of Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to a Preliminary Hearing at Glasgow High Court on 16 November 2022 on 4 charges including a charge of rape of RM at an address in Glasgow on 19 June 2021 (charge 1). The charge alleged that th......

N.R.L. v. His Majesty’s Advocate [2025] HCJAC 4

Note of appeal against sentence:- At the high court the appellant pled guilty, under the accelerated procedure, to a charge of culpable homicide by assaulting a bus driver in Elgin by head-butting him and repeatedly punching him on the body, in consequence of which the bus driver collapsed and died......

His Majesty’s Advocate v. L.M. [2025] HCJAC 3

Crown appeal against sentence:- On 30 August 2024, following a trial at Inverness High Court, the respondent was found guilty of various sexual offences when he was aged 50-52:- (1) charge 1 involved communicating indecently with LW, a young girl aged between 13 and 16; (2) charge 2 involved the ra......

J.B. v. His Majesty’s Advocate [2025] HCJAC 1

Note of appeal against conviction:- On 26 April 2024, following a trial at the high court, the appellant was convicted of two charges:- (1) the rape of his wife on various occasions between 1 January 2002 and 31 October 2003 in that whilst she was asleep, he removed her lower clothing, lay on top o......

Ryan McConville v. His Majesty’s Advocate [2024] HCJAC 51

Note of appeal against conviction:- The appellant was convicted after trial at Edinburgh High Court of a contravention of section 2 of the Sexual Offences (Scotland) Act 2009. He appealed against his conviction it being contended that no reasonable jury would have convicted the appellant having, so......

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