Wilson v. Procurator Fiscal [2005] ScotHC HCJAC_97 (02 September 2005)

Wilson v. Procurator Fiscal [2005] ScotHC HCJAC_97 (02 September 2005)

The sheriff was entitled to make the findings of fact regarding the nature and intent of the leaflet, which was threatening, abusive, and intended to stir up racial hatred against a group defined by national origins and colour. The conviction under section 19(1)(a) of the Public Order Act 1986 was justified on the facts. No cause was shown for the late introduction of new grounds of appeal or the devolution issue minute. The statutory offence was compatible with Article 10 ECHR, as the restriction on expression was proportionate and justified.

Citation
[2005] ScotHC HCJAC_97
Parties
Appellant: David Wilson; Respondent: Procurator Fiscal, Glasgow
Jurisdiction
Scotland
Judgment Date
02 September 2005
Procedural Posture
Criminal Appeal by Stated Case / Appeal Judgment
Outcome
Appeal refused
Legal Topics
Racial Hatred, Freedom of Expression, Public Order Act Offences, Interpretation of Statutory Language, Compatibility With ECHR
Criminal Law Human Rights Law Racial Hatred Freedom of Expression Public Order Act Offences Interpretation of Statutory Language Compatibility With ECHR

Case Brief

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Parties

David Wilson

Appellant

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Criminal Appeal by Stated Case / Appeal Judgment

Legal Issues

  1. 1 Whether the sheriff was entitled to make findings of fact regarding the threatening, abusive, or insulting nature of the leaflet and the appellant's intent to stir up racial hatred under section 19(1)(a) of the Public Order Act 1986
  2. 2 Whether the conviction was compatible with Article 10 of the European Convention on Human Rights (freedom of expression)
  3. 3 Whether late grounds of appeal and a devolution issue minute should be received

Ratio Decidendi

The sheriff was entitled to make the findings of fact regarding the nature and intent of the leaflet, which was threatening, abusive, and intended to stir up racial hatred against a group defined by national origins and colour. The conviction under section 19(1)(a) of the Public Order Act 1986 was justified on the facts. No cause was shown for the late introduction of new grounds of appeal or the devolution issue minute. The statutory offence was compatible with Article 10 ECHR, as the restriction on expression was proportionate and justified.

Court Disposition

Appeal refused

Orders

  • All questions in the stated case answered in the affirmative
  • Conviction under section 19(1)(a) of the Public Order Act 1986 upheld