E.M., APPEAL BY, AGAINST PROCURATOR FISCAL, INVERNESS [2015] ScotHC HCJAC_8 (10 February 2015)

E.M., APPEAL BY, AGAINST PROCURATOR FISCAL, INVERNESS [2015] ScotHC HCJAC_8 (10 February 2015)

The conviction on charge 1 could not stand due to lack of corroborated evidence and failure to address evil intent and self-defence properly. On charge 2, although the appellant's conduct was inappropriate, the court found it inexpedient to inflict punishment and ordered an absolute discharge given the trivial nature of the incident and mitigating factors.

Citation
[2015] ScotHC HCJAC_8
Parties
Appellant: E M; Respondent: Procurator Fiscal, Inverness
Jurisdiction
Scotland
Judgment Date
10 February 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Justice of the Peace Court
Outcome
Conviction on charge 1 quashed; conviction on charge 2 quashed and appellant absolutely discharged.
Legal Topics
Assault, Self Defence, Corroboration, Mens Rea, Absolute Discharge
Criminal Law Assault Self Defence Corroboration Mens Rea Absolute Discharge

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Parties

E M

Appellant

Procurator Fiscal, Inverness

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Justice of the Peace Court

Legal Issues

  1. 1 Whether there was sufficient corroborated evidence to convict the appellant of assault (charge 1)
  2. 2 Whether the justice properly addressed the issue of evil intent (mens rea) and self-defence
  3. 3 Whether the sentence imposed was excessive or unreasonable

Ratio Decidendi

The conviction on charge 1 could not stand due to lack of corroborated evidence and failure to address evil intent and self-defence properly. On charge 2, although the appellant's conduct was inappropriate, the court found it inexpedient to inflict punishment and ordered an absolute discharge given the trivial nature of the incident and mitigating factors.

Court Disposition

Conviction on charge 1 quashed; conviction on charge 2 quashed and appellant absolutely discharged.

Orders

  • Conviction on charge 1 quashed
  • Conviction on charge 2 quashed and appellant absolutely discharged under section 246(3) of the Criminal Procedure (Scotland) Act 1995