Euan A. Dow, Advocate’s Case Law Summaries

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M.A. v. Her Majesty’s Advocate [2022] HCJAC 23

Appeal under section 121 of the Criminal Justice and Licensing (Scotland) Act 2010:- The appellant was indicted to Glasgow Sheriff Court in relation to charges of fraud and money laundering in relation to an allegation that he had sold a flat he did not own. The case involved an allegation that the......

C.R. v. Her Majesty’s Advocate [2022] HCJAC 25

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the Sheriff Court of a number of charges of assault and indecency against his two foster daughters, JC and RC. Charges 2 and 3 were charges of lewd and libidinous behaviour over a period from November 1978 ......

N.P. v. Her Majesty’s Advocate [2022] HCJAC 24

Note of appeal against sentence:- The appellant pled guilty at a continued first diet to a charge of sexual abuse of trust contrary to section 42 of the Sexual Offences (Scotland) Act 2009. The appellant was sentenced to 27 months imprisonment discounted from a headline sentence of 36 months on acc......

Ian Moorhouse v. Her Majesty’s Advocate [2022] HCJAC 22

Note of appeal against sentence:- At the sheriff court the appellant pled guilty under the accelerated procedure in terms of section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of causing death by careless driving contrary to section 2B of the Road Traffic Act 1988. He was sentence......

Her Majesty’s Advocate v. M.M.I. [2022] HCJAC 19

Crown Appeal under section 107A of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted and proceeded to trial in relation to a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009 in relation to an incident in May 2019 at the Hotel Indigo, Dundee. The......

Kevin Guthrie v. Her Majesty’s Advocate [2022] HCJAC 21

Note of appeal against conviction and sentence:- On 16 April 2021, following a trial on indictment at Glasgow Sheriff Court, the appellant was convicted of a charge of penetrative sexual assault contrary to sections 2 and 3 of the Sexual Offences (Scotland) Act 2009. On 14 May 2021 he was sentenced......

John Quinn and Mark Sutherland v. Her Majesty’s Advocate [2019] HCJAC 61

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 and Note of appeal against conviction:- The appellants appealed against decisions of the sheriffs at first instance who had refused minutes lodged on behalf of each of the appellants which sought to exclude evidence obtained via ......

Craig Murray v. Her Majesty’s Advocate [2022] HCJAC 14

Petition to the nobile officium:- The High Court previously allowed the petitioner to present a petition to the nobile officium seeking to challenge a finding that he had breached a court order and was in contempt of court in relation to the trial of Alex Salmond on a number of ......

A.W. and H.B. v. Her Majesty’s Advocate [2022] HCJAC 16

Notes of appeal against conviction:- Both appellants were convicted after trial at the High Court of a charge of rape relating to the same complainer in the same incident. The appellants appealed against their convictions on the grounds that the trial judge failed to direct the jury on the issue of......

Steven Joseph James Stalley v. Her Majesty’s Advocate [2022] HCJAC 12

Note of appeal against conviction:- On 15 March 2021, at Glasgow High Court, the appellant was convicted after trial of 21 charges involving seven complainers relating to a variety of offences including breaches of the peace, stalking, assault, sexual assault and three rapes. In addition, in advanc......

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