Gordon v Bald [2004] ScotSC 65 (28 September 2004)

Gordon v Bald [2004] ScotSC 65 (28 September 2004)

The sheriff's conclusion that the pursuer could be permitted to possess firearms and shotguns without danger to public safety or the peace was not plainly wrong on the findings in fact, and the appellate court cannot interfere with the sheriff's weighing of evidence unless the result is perverse or unsupported.

Citation
[2004] ScotSC 65
Parties
Pursuer and Respondent: Adam Alexander Gordon; Defender and Appellant: Willie Bald, Assistant Chief Constable, Tayside Police
Jurisdiction
Scotland
Judgment Date
28 September 2004
Procedural Posture
Appeal (summary Application Under Firearms Act 1968) / Sheriff Principal's Judgment on Appeal
Outcome
Appeal refused; sheriff's decision adhered to.
Legal Topics
Revocation of Firearm and Shotgun Certificates, Appeals on Point of Law, Public Safety and Peace, Weight of Evidence in Licensing Decisions
Administrative Law Criminal Law Firearms Licensing Revocation of Firearm and Shotgun Certificates Appeals on Point of Law Public Safety and Peace Weight of Evidence in Licensing Decisions

Case Brief

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Parties

Adam Alexander Gordon

Pursuer and Respondent

Willie Bald, Assistant Chief Constable, Tayside Police

Defender and Appellant

Procedural Posture

Appeal (summary Application Under Firearms Act 1968) / Sheriff Principal's Judgment on Appeal

Legal Issues

  1. 1 Whether the sheriff erred in law in restoring firearm and shotgun certificates after revocation due to drink driving convictions
  2. 2 Whether the sheriff's findings in fact could only reasonably support revocation under the Firearms Act 1968

Ratio Decidendi

The sheriff's conclusion that the pursuer could be permitted to possess firearms and shotguns without danger to public safety or the peace was not plainly wrong on the findings in fact, and the appellate court cannot interfere with the sheriff's weighing of evidence unless the result is perverse or unsupported.

Court Disposition

Appeal refused; sheriff's decision adhered to.

Orders

  • Certifies the appeal as suitable for the employment of senior and junior counsel.
  • Finds the defender and appellant liable to the pursuer and respondent in the expenses of the appeal.