Euan A. Dow, Advocate’s Case Law Summaries

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Kevin Smith v. His Majesty’s Advocate [2024] HCJAC 34

Petition to the Nobile Officium:- On 22 June 2023, at the sheriff court, the petitioner pled guilty on summary complaint to a charge of theft by housebreaking. On 15 August 2023, the petitioner was sentenced to 8 months imprisonment, discounted from 12 months on account of the plea of guilty. On 15......

Michael Cowan v. His Majesty’s Advocate [2024] HCJAC 35

Note of appeal against conviction:- On 1 September 2023, following a trial at the High Court, the appellant was convicted of a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. Following the obtaining of a Criminal Justice Social Work Report the appellant was sentence......

C.A. v. His Majesty’s Advocate [2024] HCJAC 29

Note of appeal against conviction and sentence:- The appellant was convicted after trial of two charges:- (1) on various occasions between 1 August 2011 and 19 December 2014 the sexual assault by penetration and rape of a young child M, when M was 5-8 years of age; and (2) on various occasions betw......

Daniel Haig v. His Majesty’s Advocate [2024] HCJAC 28

Note of appeal against sentence:- The appellant was indicted to the High Court on ten charges. He pled guilty to a charge of assault to injury (charge 1) and possession of a knife (charge 3) and was found guilty by the jury of a charge of murder (charge 8) following trial. Following the obtaining o......

Clark Thomson v. His Majesty’s Advocate [2024] HCJAC 30

Note of appeal against conviction:- On 21 July 2023, following a trial at Paisley High Court involving former domestic partners, the appellant was found guilty by the jury of 6 charges:- (1) charge 2 - assault to injury and danger to life of GS whilst she was pregnant; (2) charge 3 - assault t......

Maximiliano Moreno v. His Majesty’s Advocate [2024] HCJAC 27

Note of appeal against sentence:- On 25 March 2004, following a plea of guilty to four charges at a Continued Preliminary Hearing at Glasgow High Court, the appellant was made the subject of an Order for Lifelong Restriction with a punishment part of 32 months imprisonment fixed. The OLR related to......

His Majesty’s Advocate v. Grant Robert Broadfoot [2024] HCJ 1

Application by His Majesty’s Advocate for a Confiscation Order:- On 5 April 2022, at a Preliminary Hearing at Glasgow High Court, the respondent pled guilty to a charge of being involved in serious organised crime contrary to section 28(1) of the Criminal Justice and Licensing (Scotland) Act 2010......

His Majesty’s Advocate v. Alistair Duncan Fergusson [2024] HCJAC 22

Note of appeal against sentence:-On 15 November 2023, following a trial at Aberdeen High Court, the respondent was convicted of 16 sexual offences perpetrated against 4 complainers two of whom were his former partners and two were the daughters of one of his former partner’s. On 30 January 2......

His Majesty’s Advocate v. Sylvia Catherine MacLennan [2024] HCJAC 26

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The respondent successfully argued a compatibility issue minute before the Sheriff at inverness in which it had been contended that there had been unreasonable delay in terms of Article 6(1) of the European Conventio......

Christopher McGowan v. His Majesty’s Advocate [2024] HCJAC 20

Note of appeal against sentence:- On 28 September 2023, following a trial at Stirling High Court, the appellant was convicted of a charge of murder whilst on bail which offence was aggravated in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 in that the offence invo......

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