JARVIS ORME v. PROCURATOR FISCAL, LINLITHGOW [1999] ScotHC 50 (9th March, 1999)

JARVIS ORME v. PROCURATOR FISCAL, LINLITHGOW [1999] ScotHC 50 (9th March, 1999)

There was no positive reason in the findings of fact to support the inference that the appellant intended to use the piece of wood as an offensive weapon; therefore, the statutory requirement of intent was not met.

Citation
[1999] ScotHC 50
Parties
Appellant: Jarvis Orme; Respondent: Procurator Fiscal, Linlithgow
Jurisdiction
Scotland
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed
Legal Topics
Offensive Weapons, Intent, Inference of Intent
Criminal Law Offensive Weapons Intent Inference of Intent

Case Brief

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Parties

Jarvis Orme

Appellant

Procurator Fiscal, Linlithgow

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant intended to use the piece of wood as an offensive weapon as required by Section 47 of the Criminal Law (Consolidation) (Scotland) Act 1995

Ratio Decidendi

There was no positive reason in the findings of fact to support the inference that the appellant intended to use the piece of wood as an offensive weapon; therefore, the statutory requirement of intent was not met.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • question answered in the negative