HER MAJESTY'S ADVOCATE AGAINST GRAHAM CAMERON TURNER [2020] ScotHC HCJ_12 (17 January 2020)

HER MAJESTY'S ADVOCATE AGAINST GRAHAM CAMERON TURNER [2020] ScotHC HCJ_12 (17 January 2020)

Stating a defence, even if false, to the principal charge does not constitute interference with the course of justice necessary for the crime of attempting to pervert the course of justice. The uninterrupted course of justice includes assessment of the accused's defence, and such statements do not amount to criminal interference.

Citation
[2020] ScotHC HCJ_12
Parties
Prosecutor: Her Majesty's Advocate; Accused: Graham Cameron Turner
Jurisdiction
Scotland
Judgment Date
17 January 2020
Procedural Posture
Criminal / Preliminary Plea to Relevancy of Charge
Outcome
Second charge held irrelevant; plea to relevancy upheld.
Legal Topics
Attempting to Pervert the Course of Justice, Dangerous Driving, Death by Dangerous Driving, False Statements to Police
Criminal Law Attempting to Pervert the Course of Justice Dangerous Driving Death by Dangerous Driving False Statements to Police

Case Brief

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Parties

Her Majesty's Advocate

Prosecutor

Graham Cameron Turner

Accused

Procedural Posture

Criminal / Preliminary Plea to Relevancy of Charge

Legal Issues

  1. 1 Whether stating a defence to a principal charge can constitute the crime of attempting to pervert the course of justice
  2. 2 When does the course of justice commence for the purposes of this offence
  3. 3 Whether statements made to police or others at the scene constitute interference with the course of justice

Ratio Decidendi

Stating a defence, even if false, to the principal charge does not constitute interference with the course of justice necessary for the crime of attempting to pervert the course of justice. The uninterrupted course of justice includes assessment of the accused's defence, and such statements do not amount to criminal interference.

Court Disposition

Second charge held irrelevant; plea to relevancy upheld.

Orders

  • Reference to all but named police officers deleted from charge 2.
  • Second charge against accused dismissed as irrelevant.