Angus v Procurator Fiscal Perth [2010] ScotHC HCJAC_76 (23 July 2010)

Angus v Procurator Fiscal Perth [2010] ScotHC HCJAC_76 (23 July 2010)

The appellant's conduct, though inappropriate and puzzling, was not severe enough to cause alarm to ordinary people and threaten serious disturbance to the community; therefore, it did not amount to breach of the peace under the established legal test.

Citation
[2010] ScotHC HCJAC_76
Parties
Appellant: David Angus; Respondent: Procurator Fiscal, Perth
Jurisdiction
Scotland
Judgment Date
23 July 2010
Procedural Posture
Criminal Appeal (by Stated Case) / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Breach of the Peace, Public Order Offences, Criminal Procedure, Appeal by Stated Case
Criminal Law Breach of the Peace Public Order Offences Criminal Procedure Appeal by Stated Case

Case Brief

Summary, issues, holding and outcome

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Parties

David Angus

Appellant

Procurator Fiscal, Perth

Respondent

Procedural Posture

Criminal Appeal (by Stated Case) / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's conduct amounted to breach of the peace under Scots law
  2. 2 Whether the sheriff erred in rejecting the submission of no case to answer under Section 160 of the Criminal Procedure (Scotland) Act 1995

Ratio Decidendi

The appellant's conduct, though inappropriate and puzzling, was not severe enough to cause alarm to ordinary people and threaten serious disturbance to the community; therefore, it did not amount to breach of the peace under the established legal test.

Court Disposition

appeal allowed; conviction quashed

Orders

  • First question in the stated case answered in the affirmative; appeal allowed; conviction set aside.