Shepherd v Procurator Fiscal, Dornoch [2010] ScotHC HCJAC_114 (12 November 2010)

Shepherd v Procurator Fiscal, Dornoch [2010] ScotHC HCJAC_114 (12 November 2010)

The sentences imposed were competent and not excessive under the relevant statutory provisions. The Sheriff provided sufficient reasons for the sentences, and the sifting judges gave adequate reasons for refusing leave to appeal. There was no breach of Article 6 ECHR. The nobile officium cannot be used to review the merits of the refusal of leave to appeal in these circumstances.

Citation
[2010] ScotHC HCJAC_114
Parties
Petitioner: Christopher Shepherd; Respondent: Procurator Fiscal, Dornoch
Jurisdiction
Scotland
Judgment Date
12 November 2010
Procedural Posture
Petition to the Nobile Officium and Bill of Suspension / Final Appellate Judgment
Outcome
Petition and Bill of Suspension refused
Legal Topics
Competency of Sentence, Excessiveness of Sentence, Refusal of Leave to Appeal, Adequacy of Judicial Reasons, Nobile Officium Jurisdiction, Animal Cruelty Offences
Criminal Law Animal Welfare Law Appellate Procedure Competency of Sentence Excessiveness of Sentence Refusal of Leave to Appeal Adequacy of Judicial Reasons Nobile Officium Jurisdiction +1 more

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Parties

Christopher Shepherd

Petitioner

Procurator Fiscal, Dornoch

Respondent

Procedural Posture

Petition to the Nobile Officium and Bill of Suspension / Final Appellate Judgment

Legal Issues

  1. 1 Whether the sentences imposed were incompetent under the relevant statutes
  2. 2 Whether the sentences were excessive
  3. 3 Whether the refusal of leave to appeal was adequately reasoned and compatible with Article 6 ECHR

Ratio Decidendi

The sentences imposed were competent and not excessive under the relevant statutory provisions. The Sheriff provided sufficient reasons for the sentences, and the sifting judges gave adequate reasons for refusing leave to appeal. There was no breach of Article 6 ECHR. The nobile officium cannot be used to review the merits of the refusal of leave to appeal in these circumstances.

Court Disposition

Petition and Bill of Suspension refused

Orders

  • Refusal of the prayer of the petition to the nobile officium
  • Refusal to pass the Bill of Suspension