PROCURATOR FISCAL, BANFF v. ELIZABETH CAROL MCLEOD [2013] ScotSC 47 (25 July 2013)

PROCURATOR FISCAL, BANFF v. ELIZABETH CAROL MCLEOD [2013] ScotSC 47 (25 July 2013)

The Crown failed to prove beyond reasonable doubt that the accused did not notify the Department for Work and Pensions in the prescribed manner, that there was a change of circumstances that would affect entitlement to benefit, and that the accused knew of such a change; therefore, the charge is not proven and the accused must be acquitted.

Citation
[2013] ScotSC 47
Parties
Prosecution: Procurator Fiscal, Banff; Accused: Elizabeth Carol McLeod
Jurisdiction
Scotland
Judgment Date
25 July 2013
Procedural Posture
Criminal / Trial Judgment
Outcome
acquittal
Legal Topics
Failure to Notify Change of Circumstances, Disability Living Allowance, Burden of Proof, Elements of Offence
Criminal Law Social Security Law Failure to Notify Change of Circumstances Disability Living Allowance Burden of Proof Elements of Offence

Case Brief

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Parties

Procurator Fiscal, Banff

Prosecution

Elizabeth Carol McLeod

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused knowingly failed to promptly notify a change of circumstances affecting entitlement to Disability Living Allowance in the prescribed manner to the prescribed person
  2. 2 Whether there was a change of circumstances that would, as opposed to could, affect entitlement to benefit
  3. 3 Whether the accused knew that the change would affect entitlement

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that the accused did not notify the Department for Work and Pensions in the prescribed manner, that there was a change of circumstances that would affect entitlement to benefit, and that the accused knew of such a change; therefore, the charge is not proven and the accused must be acquitted.

Court Disposition

acquittal

Orders

  • Charge found not proven
  • Accused acquitted