The Procurator Fiscal v. Dalgarno (28 April 2011) [2011] ScotHC HCJAC_44 (28 April 2011)

Prosecution for dangerous driving is incompetent where only notice of careless driving was given, due to the material difference in seriousness and consequences between the two offences, and the statutory requirement for notice was not satisfied.

Source-derived case information.

Citation: [2011] ScotHC HCJAC_44
Parties: Appellant: Procurator Fiscal, Aberdeen; Respondent: David Dalgarno
Jurisdiction: Scotland
Judgment Date: 28 April 2011
Procedural Posture: Criminal Appeal / Crown Appeal Under Section 174 of the Criminal Procedure (scotland) Act 1995
Outcome: Appeal dismissed; prosecution for dangerous driving held incompetent.
Legal Topics: Dangerous Driving, Careless Driving, Notice of Intended Prosecution, Procedural Fairness

Criminal Law Road Traffic Law Dangerous Driving Careless Driving Notice of Intended Prosecution Procedural Fairness

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2

Parties

Procurator Fiscal, Aberdeen

Appellant

David Dalgarno

Respondent

Procedural Posture

Criminal Appeal / Crown Appeal Under Section 174 of the Criminal Procedure (scotland) Act 1995

Legal Issues

1 Whether prosecution for dangerous driving is competent where only notice of careless driving was given under section 1 of the Road Traffic Offenders Act 1988.

Ratio Decidendi

Court Disposition

Appeal dismissed; prosecution for dangerous driving held incompetent.

Orders

Remit to the sheriff to proceed as accords in light of any further arguments regarding prosecution for careless driving.

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