Euan A. Dow, Advocate’s Case Law Summaries

Appeal under Section 65(8) of the Criminal Procedure (Scotland) Act 1995:- Here the appellant appealed against a decision of a high court judge to extend the 12 month time bar within which his trial on indictment must commence under section 65 of the Criminal Procedure (Scotland) Act 1995. The......

Note of appeal against conviction and sentence:- The appellant was convicted after trial on indictment at the sheriff court of two charges of lewd, indecent and libidinous practices, one at common law and one under section 20 of the Sexual Offences (Scotland) Act 2009. Charge 1 related to conduct o......

Note of appeal against conviction:- The appellant was convicted after trial on indictment at the high court of a charge of assault to severe injury and permanent disfigurement by striking the complainer with a machete. In the trial judge’s charge to the jury he told them that the defence position......

Note of appeal against conviction:- The appellant was convicted after trial at the High Court of a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. The appellant appealed against his conviction, it being contended that the trial judge erred in directing the jury that......

Note of appeal against conviction:- The appellant was convicted after trial at Glasgow High Court of a charge of rape, the jury having rejected the appellant’s position that the complainer consented to oral sex, and his evidence that the complainer offered him oral sex in exchange for cocaine. Th......

Crown appeal against sentence:- The appellant pled guilty to a charge of rape at a trial diet. Following the obtaining of a Criminal Justice Social Work Report the sentencing judge imposed a sentence of 4 years and 6 months imprisonment discounted from a headline sentence of 5 years on account of t......

Application to amend a note of appeal:- On 3 April 2023, the appellant lodged a Note of Appeal, in which it was contended that the sheriff erred in holding that an e-mail dated 23 December 2021 had amounted to a clear and unequivocal renunciation of the right to prosecute, having regard to all......

Note of appeal against sentence:- The appellant was convicted after trial at Glasgow High Court of two charges of rape both relating to offences against victims who were intoxicated and incapable of consenting. The second rape was committed at a time when the appellant was on bail for the first rap......

Note of appeal under section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted in relation to allegations of engaging in an abusive course of behaviour in relation to his ex-partner from February to November 2020, contrary to section 1 of the Domestic Abuse (Scotland)......