Hatcher v Procurtor Fiscal Hamilton [2010] ScotHC HCJAC_92 (07 September 2010)

Hatcher v Procurtor Fiscal Hamilton [2010] ScotHC HCJAC_92 (07 September 2010)

The appellant's conduct, though alarming and distressing to his wife and potentially to his children, occurred entirely within the private family home and lacked any public element necessary for breach of the peace. The evidence did not support a finding that the conduct threatened serious disturbance to the community.

Citation
[2010] ScotHC HCJAC_92
Parties
Appellant: David Hatcher; Respondent: Procurator Fiscal, Hamilton
Jurisdiction
Scotland
Judgment Date
07 September 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Breach of the Peace, Public Element, Domestic Abuse, Definition of Crime
Criminal Law Breach of the Peace Public Element Domestic Abuse Definition of Crime

Case Brief

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Parties

David Hatcher

Appellant

Procurator Fiscal, Hamilton

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether conduct within a private family home can constitute breach of the peace under Scottish law
  2. 2 Whether the necessary public element was present in the appellant's conduct

Ratio Decidendi

The appellant's conduct, though alarming and distressing to his wife and potentially to his children, occurred entirely within the private family home and lacked any public element necessary for breach of the peace. The evidence did not support a finding that the conduct threatened serious disturbance to the community.

Court Disposition

conviction quashed

Orders

  • Appellant's conviction quashed