Euan A. Dow, Advocate’s Case Law Summaries

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His Majesty’s Advocate v. M.G. [2023] HCJAC 3

Crown appeal against sentence:- The respondent was convicted of a charge of rape. He was sentenced to 4 years imprisonment. The Crown appealed against the sentence imposed it being contended that it was unduly lenient. The circumstances were that the respondent and the complainer met via the Tinder......

Jamie Fisher v. His Majesty’s Advocate [2022] HCJAC 43

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Paisley Sheriff Court in relation to two alleged contraventions of section 3 of the Sexual Offences (Scotland) Act 2009 involving the complainer, RK, in Paisley in December 2017 and January 2018. A......

L.C. v. His Majesty’s Advocate [2022] HCJAC 47

Note of appeal against conviction:- On 2 March 2022, at Edinburgh High Court, the appellant was convicted after trial of two charges:- (1) a contravention of section 1 of the Domestic Abuse (Scotland) Act 2018; and (2) rape, contrary to section 1 of the Sexual Offences (Scotland) Act 2009. The appe......

Procurator Fiscal, Edinburgh v. Faisal Aziz [2022] HCJAC46

Appeal from the Sheriff Appeal Court under section 194ZB of the Criminal Procedure (Scotland) Act 1995:- The respondent was convicted on summary complaint at Edinburgh Sheriff Court of a contravention of section 7(1) of the Sexual Offences (Scotland) Act 2009 in that “...whilst acting in the cour......

His Majesty’s Advocate v. RS [2022] HCJAC 41

Crown appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:-The respondent was indicted to Kirkcaldy Sheriff Court on seven charges relating to allegations concerning his former partner including:- (a) charge 1 alleged a common law breach of the peace on various occasions between O......

Darren James Hughes v. His Majesty’s Advocate [2022] HCJAC 44

Note of appeal against conviction:- On 3 February, following a trial at Glasgow High Court, the appellant was convicted of two charges:- (1) an assault on his sister, Ashley Hughes, by entering her flat in Edinburgh uninvited, punching her on the head and kicking her on the body, all to her injury;......

Richard Gordon v. His Majesty’s Advocate [2022] HCJAC 49

Note of appeal against conviction and sentence:-The appellant was convicted after trial at Glasgow High Court of the attempted murder of Brian Cleary by repeatedly striking him on the head and body with a knife. He was also convicted of carrying a knife in a public place contrary to section 47(1) o......

His Majesty’s Advocate v. Brian John Laughlin [2022] HCJAC 42

Appeal under sections 107B and 110(1)(e) of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted on a number of charges relating to the alleged abuse of different ex-partners including  three assaults on, and/or rapes of, MM on three occasions between August and Septem......

Darren Morton Eddie and John Kennedy v. His Majesty’s Advocate [2022] HCJAC45

Note of appeal against sentence:-On 9 February 2022, following a trial at Edinburgh High Court, the appellants were found guilty, along with their co-accused Morton Eddie and Ross Fisher, of the murder of Kenneth Reilly who was shot whilst a passenger in a car being driven on Bilsland Drive, Glasgo......

Lukasz Czapla v. His Majesty’s Advocate [2022] HCJAC 40

Note of appeal against sentence:-The appellant was convicted after trial at the High Court of ten charges including a charge relating to the murder of his two year old son. The trial judge imposed the mandatory sentence of life imprisonment with a punishment part of 23 years. He appealed against th......

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