THE PROCURATOR FISCAL, GLASGOW v. ASHLEY MCDONALD & MARC MORRISON [2012] ScotSC 117 (18 December 2012)

THE PROCURATOR FISCAL, GLASGOW v. ASHLEY MCDONALD & MARC MORRISON [2012] ScotSC 117 (18 December 2012)

The correct test for wilful neglect under section 12 of the 1937 Act is objective: it is sufficient that the accused deliberately and intentionally failed to provide adequate care, regardless of whether they foresaw the risk to the child. 'Adequate lodging' includes the internal condition of the home. The evidence, taken at its highest, was sufficient in law to support conviction on some but not all parts of the charge; specifically, the charge relating to the internal condition of the home could attract the deeming provision, but the cot or bed alone could not be considered 'lodging.'

Citation
[2012] ScotSC 117
Parties
Prosecutor: The Procurator Fiscal, Glasgow; First Accused: Ashley McDonald; Second Accused: Marc Morrison
Jurisdiction
Scotland
Judgment Date
18 December 2012
Procedural Posture
Criminal Summary Complaint / Submission of No Case to Answer Under Section 160 of the Criminal Procedure (scotland) Act 1995, After Crown Evidence
Outcome
Submission of no case to answer sustained in part only; some parts of the charge dismissed, others allowed to proceed.
Legal Topics
Wilful Neglect, Children and Young Persons (scotland) Act 1937 Section 12, Mens Rea in Statutory Offences, Adequacy of Lodging, Clothing, Medical Aid, Objective and Subjective Tests for Criminal Neglect
Criminal Law Child Protection Law Wilful Neglect Children and Young Persons (scotland) Act 1937 Section 12 Mens Rea in Statutory Offences Adequacy of Lodging, Clothing, Medical Aid Objective and Subjective Tests for Criminal Neglect

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

The Procurator Fiscal, Glasgow

Prosecutor

Ashley McDonald

First Accused

Marc Morrison

Second Accused

Procedural Posture

Criminal Summary Complaint / Submission of No Case to Answer Under Section 160 of the Criminal Procedure (scotland) Act 1995, After Crown Evidence

Legal Issues

  1. 1 What is the correct interpretation of 'wilful' neglect under section 12 of the 1937 Act?
  2. 2 Does the evidence support a finding of wilful neglect or failure to provide adequate lodging, clothing, or medical aid?
  3. 3 What is the meaning of 'adequate lodging' under section 12(2)?

Ratio Decidendi

The correct test for wilful neglect under section 12 of the 1937 Act is objective: it is sufficient that the accused deliberately and intentionally failed to provide adequate care, regardless of whether they foresaw the risk to the child. 'Adequate lodging' includes the internal condition of the home. The evidence, taken at its highest, was sufficient in law to support conviction on some but not all parts of the charge; specifically, the charge relating to the internal condition of the home could attract the deeming provision, but the cot or bed alone could not be considered 'lodging.'

Court Disposition

Submission of no case to answer sustained in part only; some parts of the charge dismissed, others allowed to proceed.

Orders

  • Charge relating to allowing the home to become dirty and strewn with rotting domestic waste and soiled nappies allowed to proceed under section 12(1) and (2).
  • Charge relating to causing the child to lie and sleep in a dirty and unhygienic bed cannot proceed under section 12(2) as a bed or cot is not 'lodging.'