F.B. AGAINST PROCURATOR FISCAL, ABERDEEN [2015] ScotHC HCJAC_14 (20 February 2015)

F.B. AGAINST PROCURATOR FISCAL, ABERDEEN [2015] ScotHC HCJAC_14 (20 February 2015)

Leave to appeal is granted in relation to the question whether the no case to answer submission was correctly repelled, as this is an arguable ground based on the stated case; leave is not granted in respect of the question whether the sheriff was entitled to convict, due to unchallenged findings in fact; leave...

Source-derived case information.

Citation
[2015] ScotHC HCJAC_14
Parties
Appellant: FB; Respondent: Procurator Fiscal, Aberdeen
Jurisdiction
Scotland
Judgment Date
20 February 2015
Procedural Posture
Criminal Summary Appeal / Application for Leave to Appeal Under Section 180(9) of the Criminal Procedure (scotland) Act 1995
Outcome
Leave to appeal granted in part
Legal Topics
Appeals, Sifting Procedure, Stated Case, Sufficiency of Evidence, Intent, Leave to Appeal
Criminal Law Criminal Procedure Appeals Sifting Procedure Stated Case Sufficiency of Evidence Intent Leave to Appeal

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Parties

FB

Appellant

Procurator Fiscal, Aberdeen

Respondent

Procedural Posture

Criminal Summary Appeal / Application for Leave to Appeal Under Section 180(9) of the Criminal Procedure (scotland) Act 1995

Legal Issues

  1. 1 Whether the sifting judge's decision should be based on the stated case questions rather than the original application for a stated case
  2. 2 Whether there are arguable grounds to support an appeal in relation to the questions posed by the sheriff
  3. 3 Whether leave to appeal can be granted on grounds not contained in the stated case

Ratio Decidendi

Leave to appeal is granted in relation to the question whether the no case to answer submission was correctly repelled, as this is an arguable ground based on the stated case; leave is not granted in respect of the question whether the sheriff was entitled to convict, due to unchallenged findings in fact; leave granted on a ground not contained in the stated case (intent) is permissible under statute, but may present procedural difficulties.

Court Disposition

Leave to appeal granted in part

Orders

  • Leave to appeal granted in relation to the question whether the no case to answer submission was correctly repelled
  • Leave not granted in respect of the question whether the sheriff was entitled to convict