Criminal Law – Supreme Court
Lauchlan v HM Advocate; O’Neill v HM Advocate [2013] UKSC 36; [2013] 1 W.L.R. 1992; 2013 S.C. (U.K.S.C.) 266; 2013 S.L.T. 888
For the Crown (Respondents) as junior Counsel (with Dorothy Bain QC and Douglas Fairley QC). Two compatibility issues raised in High Court appeal from murder conviction. Part of Crown Counsel team which drafted Statement of Facts and Issues, reviewed authorities, drafted Written Submissions, prepared for and appeared at Hearing. 2 day hearing in Supreme Court. Two issues: (1) Starting point for the purposes of the “reasonable time” requirement in terms of Article 6; (2) Appearance of Judicial Bias Supreme Court. Successful for the Respondents in relation to both compatibility issues. Case remitted to HCJAC. Lord Hope; Lord Hughes; Lord Kerr; Lord Wilson; Lord Toulson. click to view case
Criminal Law – High Court of Justiciary Appeal Court
Stewart and Convy v William Payne [2016] HCJAC 122; 2017 S.L.T. 159; 2017 S.C.L. 263; 2017 S.C.C.R. 56; 2016 G.W.D. 40-707
Bill for Criminal Letters (Private Prosecution Application).
Represented (with Dorothy Bain QC) the families of Laura Stewart and Mhairi Convy in relation to their application to privately prosecute the driver who killed their daughters when he blacked out at the wheel of his vehicle. Drafted Bill for Criminal Letters, prepared written submissions and appeared at substantive hearings.
click to view case
Various appellants v HM Advocate (sentence appeals) (2014-15)
Instructed via the Faculty Appeals Unit in sentence appeals on behalf of appellants.
Brown v HM Advocate (2014)
AD for the Crown – preparation for fresh evidence appeal, having conducted sexual offences trial in 2013
Irving and Walker v HM Advocate (2014)
AD for the Crown – Section 65 appeal. Lady Dorrian, Lord Drummond-Young (2014)
Shahid v HM Advocate (2011)
– for the Crown (with Dorothy Bain QC). “Fresh evidence“, s106(3)(a) – against conviction for murder (also conducted both trials as junior Counsel). LJG, Lord Reed, Lord Emslie (2011)
click to view case
HM Advocate v Simpson [2009] HCJAC 41; 2009 S.L.T. 513; 2009 S.C.L. 857; 2009 S.C.C.R. 554 (2009) – for the defence (with Mark Stewart QC). Appeal against sentence. Considered DuPlooy approach to sentence discounting. Lords Wheatley and Mackay of Drumadoon and Lady Cosgrove (2009).
Criminal Law – High Court Trials and substantive hearings
HMA v Pugh (2017)
AD for the Crown. Sexual offences trial. Historical abuse, rape and incest. Convicted unanimously of all charges after trial. (Edinburgh High Court, Lord Arthurson).
HMA v Jake Waldie (2017)
AD for the Crown. Sexual offences trial – s1 rape. Majority of witnesses and accused were children/vulnerable witnesses. (Edinburgh High Court)
HMA v Baxter, Kirton and Cameron (2017)
AD for the Crown. Armed robbery, multiple charges and RTA offences. Resolved by way of a plea by two accused at trial. (Edinburgh High Court, Lord Ericht)
HMA v Rehan (2016)
AD for the Crown. Sexual offences trial (3 complainers, all vulnerable witnesses). Could not start trial due to unresolvable witness and evidential problems. (Edinburgh High Court)
HMA v McLaren (2016)
AD for the Crown. Sexual offences trial – charge of rape. Evidential issues. Acquittal following defence ‘no case to answer’ submission. (Edinburgh High Court, Lady Rae)
HMA v Johnston (2016)
AD for the Crown. Trial (4 days) for assault with intent to rape a stranger in her own home. Accused found guilty after trial. (Edinburgh High Court, Lady Stacey) (2016)
HMA v Farrell, Kelly, Egan, Murphy and Don (2015)
For defence (5th accused). Historical sexual and physical abuse case relating to a boarding school run by the Christian brothers; multiple complainers and charges against 5 accused. Commission to take evidence from one complainer.
HMA v Glencross (2015)
AD for the Crown. Trial for attempted murder. (Aberdeen High Court, Lord Armstrong) (2015)
HMA v Mearns (2014)
AD for the Crown. Trial (9 days) and Evidence on Commission of a vulnerable witness (3 days). Rape/section 42 abuse of a position of trust and ancillary charges. (Edinburgh High Court, Lord Glennie)
HMA v Scougall (2014)
AD for the Crown. Trial (5 days). Two complainer rape/sexual offences/threats. Found guilty after trial. (Edinburgh High Court, Lady Wolffe)
HMA v Greer (2014)
AD for the Crown. Trial (20 days). 49 charge indictment: sexual offences (seven complainers), MDA, firearms. Edinburgh High Court (Lady Wise)
HMA v Hogg (2014)
AD for the Crown. Trial (5 days). Rape charges. (Edinburgh High Court, Temp Judge Johnston QC) (2014)
HMA v Keogh (2014)
AD for the Crown. Trial (9 days). Sexual abuse charges. Four child complainers. Evidence of child witnesses lead by CCTV link. Found guilty after trial (Edinburgh High Court; Lord Uist)
HMA v Joyce (2014)
AD for the Crown. Trial (4 days). Assault with intent to rape and SOSA offences. (Edinburgh High Court; Temp Judge Beckett QC)
HMA v Brown (2013)
AD for the Crown. Trial (4 days). Rape. (Aberdeen High Court; Lord Stewart)
HMA v Patterson and Reid (2013)
AD for the Crown. Trial (12 days). Co-accused murder trial with associated charges including MDA and attempt to pervert. Found guilty after trial. (Edinburgh High Court, Temp Judge Morris)
HMA v Meldrum (2013)
AD for the Crown. Trial (7 days). Rape, assault, abduction element in libel; Communications Act; Attempt to pervert; previous physical assaults. Found guilty of all charges after trial. (Edinburgh High Court, Lady Wise)
HMA v Meldrum (2013)
AD for the Crown. Evidential hearing (3 days) on Devolution Minute/objection to admissibility of evidence of statements at interview where police detained for abduction/assault while having suspicion of rape. Questioned about complainer’s consent to sexual matters. Also required appropriate adult due to psychiatric problems. Glasgow High Court (Temp Judge Ritchie QC).
HMA v Hillhouse (2013)
AD for the Crown. Trial (5 days). Rape while so intoxicated incapable of consenting defence of consent. Edinburgh High Court (Temp Judge Bowen QC)
HMA v McCardle (2013)
AD for the Crown. Trial (5 days). Rape (historic, multiple complainers (5), incest). Trial within trial about statements/certificates. Submission NCTA re charge 1 rape/incest not being corroborated by other matters due to time/circs. Repelled. Guilty verdicts in respect of all four complainers after trial. Livingston High Court (Lord Turnbull). Conviction upheld on appeal.
HMA v Kivlin (2013)
AD for the Crown. Trial (3 days). Rape (1 complainer); penetration not admitted; defence of consent to other consensual sexual contact; withdrawal of consent before SI Edinburgh High Court (Temp Judge O’Grady QC)
HMA v William Brown (2013)
AD for the Crown. Trial (4 days). Historical sexual offences. Indecent assault/sodomy 2 male complainers. Found guilty on both charges after trial. Glasgow High Court (Temp Judge O’Grady). Conviction upheld on appeal.
HMA v Singh (2012)
AD for the Crown. Trial (4 days). Sexual offences (2 complainers – Chg 1: assault with intent to rape; Chg 2: sexual assault). Found guilty of the assault with intent to rape after trial. Glasgow High Court (Temp Judge Morris)
HMA v Matthew Kerr (2012)
AD for the Crown. Trial (4 days). Attempted murder. Found guilty after trial. Glasgow High Court (Lord Boyd)
HMA v Thomas Boyle (2012)
AD for the Crown. Trial (7 days). Marital rape and domestic abuse (historical). Glasgow High Court (Tep Judge Murphy QC)
HMA v David Whyte (2012)
AD for the Crown. Trial (11 days). Attempted murder, 3 charges (3 complainers.) Found guilty after trial of all charges. Glasgow High Court (Tep Judge O’Grady QC)
HMA v Cumming (2012)
AD for the Crown. Evidential hearing (1 day) in homicide case – psychiatric (Section 52M). Trial fixed at conclusion. Edinburgh High Court (Lord Woolman)
HMA v McCallum (2012)
AD for the Crown. Trial (2 days). Attempted murder. Edinburgh High Court (Lord Pentland)
HMA v Morris (2011)
AD for the Crown. Trial (3 days). Concerned in the supplying of drugs. Found guilty after trial. Upheld on appeal. Glasgow High Court (Temp Judge Dunlop QC)
HMA v Tominey (2011)
AD for the Crown. Trial. Attempted murder (3 complainers). Glasgow High Court (Temp Judge Ritchie QC)
HMA v Stewart and others (2011)
AD for the Crown. Evidential Hearing (3 days). – Legality of s14 detention; fruits of the poisoned tree; tholed assize. Trial fixed after hearing. Glasgow High Court (Temp Judge Rae)
HMA v Bryan Young (2011)
AD for the Crown. Trial (2 days). Abduction; assault. Glasgow High Court (Temp Judge Morris)
HMA v Samuel McBeth (2011)
AD for the Crown. Trial (3 days). Firearms; culpable and reckless conduct. Found guilty after trial. Glasgow High Court (Lord Uist)
HMA v Podgornoi and Jaokovlev (2010)
For the Crown (Junior with Bruce Erroch) – co-accused murder trial (Edinburgh High Court)
HM Advocate v Simpson
For the defence (with Mark Stewart QC). Appeal against sentence. Considered DuPlooy approach
HMA v Khalid Sarwar (2010)
For the Crown (Junior with Dorothy Bain QC) – complex high profile murder trial arising out of the death of Nasim Jamil. (Glasgow High Court)
HMA v Mark McDonald (2010)
For the Defence (Junior with Mark Stewart QC) – murder trial in which the accused’s mental state of mind at the time was in issue and conflicting psychiatric evidence was lead at trial. (Perth High Court)
HMA v Ronald and others (2010)
For the Crown (Junior with Simon Di Rollo QC) – lengthy and complex conspiracy to extort trial in relation to the Da Vinci painting ‘Madonna of the Yarnwinder’. (Edinburgh High Court, Lady Dorrian.)
HMA v McGlone and others (2009/10)
For the Defence (Junior with Jamie Gilchrist QC) – acting for one of co-accused in ‘Maybury Casino’ case – charges of conspiracy to murder – successfully argued on behalf of accused Kelbie a s72 Minute regarding inadmissibility of his voluntary statement – lengthy trial. Edinburgh High Court
HMA v Milligan and others (2009)
For the Defence (Junior) – acting for one of co-accused in murder trial – one co-accused plead at trial and Milligan was acquitted. (Glasgow High Court)
HMA v James Simpson (2008-9)
For the Defence (Junior with Mark Stewart QC) – murder trial (Glasgow High Court, 2008) – found guilty of culpable homicide as a result of defence of provocation. Also instructed for respondent in Crown appeal against sentence (2009)
HMA v James Wilson (2007)
For the defence – Sheriff and Jury trial (Airdrie Sheriff Court) for historic sexual offences
HMA v Zahid and Mohammed [2004]; HMA v Shahid and others [2006]
For the Crown (Junior with Mark Stewart QC) – two high profile co-accused murder trials (Glasgow High Court) arising out of the abduction and death of Kriss Donald in Glasgow. Also instructed by Crown in relation to Shahid’s appeal, Shahid v HMA (see above)
Acting as an ad hoc Procurator Fiscal depute (2000-2002)
(Edinburgh, Linlithgow, Livingston, Airdrie Sheriff / JP courts) in numerous summary matters
Criminal – significant cases resolved without a trial
HMA v Louis McLean (2012)
AD for the Crown. Misuse of Drugs Act charges. Prepared for 6 week trial, guilty plea on first day of trial. Edinburgh High Court (Lord Tyre)
HMA v Ellis (2011)
AD for the Crown. Murder (domestic). Allocated case. Plea of guilty. Edinburgh High Court (Lord Glennie)
HMA v Hetmanski (2011)
AD for the Crown. Murder (domestic). Allocated case. Plea of guilty. Edinburgh High Court (Lord Turnbull)