OPINION OF THE COURT DELIVERED BY LORD BRODIE IN PETITION TO THE NOBILE OFFICIUM BY OWEN HOOD AGAINST HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_85 (29 July 2014)

OPINION OF THE COURT DELIVERED BY LORD BRODIE IN PETITION TO THE NOBILE OFFICIUM BY OWEN HOOD AGAINST HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_85 (29 July 2014)

The sheriff was entitled to find the petitioner in contempt for prevarication based on the evidence, demeanour, and similarity of accounts, and provided a full and reasoned explanation; there was no procedural error or misapplication of law.

Citation
[2014] ScotHC HCJAC_85
Parties
Petitioner: Owen Hood; Respondent: Her Majesty’s Advocate
Jurisdiction
Scotland
Judgment Date
29 July 2014
Procedural Posture
Petition to the Nobile Officium / Appellate Review of Contempt Finding
Outcome
Petition dismissed
Legal Topics
Prevarication, Contempt Proceedings, Appellate Review, Witness Credibility
Criminal Law Contempt of Court Prevarication Contempt Proceedings Appellate Review Witness Credibility

Case Brief

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Parties

Owen Hood

Petitioner

Her Majesty’s Advocate

Respondent

Procedural Posture

Petition to the Nobile Officium / Appellate Review of Contempt Finding

Legal Issues

  1. 1 Whether the sheriff erred in finding the petitioner in contempt of court for prevarication
  2. 2 Whether the petitioner's lack of memory constituted prevarication

Ratio Decidendi

The sheriff was entitled to find the petitioner in contempt for prevarication based on the evidence, demeanour, and similarity of accounts, and provided a full and reasoned explanation; there was no procedural error or misapplication of law.

Court Disposition

Petition dismissed

Orders

  • Refusal to recall the finding of contempt
  • Refusal to quash the conviction