Euan A. Dow, Advocate’s Case Law Summaries

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D.M. v. His Majesty’s Advocate [2023] HCJAC 44

Note of appeal against conviction:- The appellant was convicted after trial of 14 charges of assault and a contravention of section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 relating to a single complainer. The Scottish Criminal Cases Review Commission referred the case to the co......

Sean Robin James Hogg v. His Majesty’s Advocate [2023] HCJAC 37

Note of appeal against conviction:- At the High Court the appellant was convicted after trial of a charge of rape (charge 2 re KM). The Crown case was presented solely on the application of the doctrine of mutual corroboration. In advance of the speeches, the Advocate depute confirmed to the trial ......

Andrew Gerald Lingard v. His Majesty’s Advocate [2023] HCJAC 42

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted in relation to various charges of indecency including common law and statutory charges of lewd, indecent and libidinous practices towards LY in 2005 when, in the August, she was under 12 and, from Aug......

His Majesty’s Advocate v. Michael Docherty [2023] HCJAC 41

Crown Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted to the Greenock Sheriff Court on two charges including a charge of contravening section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, namely, having with him in a public place ......

Jamie Richard John Waugh George v. His Majesty’s Advocate [2023] HCJAC 38

Note of appeal against sentence:- The appellant pled guilty on indictment at a continued first diet at the Sheriff Court to a charge of culpable and reckless behaviour to the danger of life by culpably and recklessly, over a period of around 4 ½ years supplied the public with a dangerous substance......

G.S v. His Majesty’s Advocate [2023] HCJAC 35

Note of appeal against conviction:- In November 2022, following a trial on indictment at the sheriff court, the appellant was convicted of two charges:- (a) charge 1 lewd, indecent and libidinous practices and behaviour towards his daughter LS on various occasions between 2004 and 2010 by licking h......

His Majesty’s Advocate v. Tigh-Na-Muirn Ltd [2023] HCJAC 30

Crown appeal against sentence:- On 2 May 2023, at Dundee Sheriff Court, the respondent company pled guilty to an indictment via the accelerated procedure under section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of contravening sections 3(1) and 33(1)(a) of the Health and Safety at......

His Majesty’s Advocate v. Linbrooke Services Limited [2023] HCJAC 31

Crown appeal against sentence:- On 30 March 2023, following a trial on indictment at Dumbarton Sheriff Court, the appellants were found guilty of three charges relating to the death of an employee, Matthew Mason, on 5 June 2018, after he fell from a step ladder whilst installing longline public add......

Alistair Douglas v. His Majesty’s Advocate [2023] HCJAC 32

Note of appeal against sentence:- The appellant pled guilty to being involved in serious organised crime relating to serious offences involving drugs and firearms for a period 27 March 2020 to 1 June 2020. The appellant accepted (1) being concerned in the supplying of diazepam, cocaine and diamorph......

Michael Barry Reddington v. His Majesty’s Advocate [2023] HCJAC 33

Note of appeal against sentence:- The appellant pled guilty at the High Court under the accelerated procedure in terms of section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of culpably and recklessly driving a motor car into a property in Fife causing damage to the property and th......

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