King v. Procurator Fiscal, Dunoon [2011] ScotHC HCJAC 109 (27 October 2011)

King v. Procurator Fiscal, Dunoon [2011] ScotHC HCJAC 109 (27 October 2011)

Conviction under section 50A(1)(b) requires proof that the accused acted with malice and ill-will based on the victim's membership of a racial group; absence of findings on this essential element renders the conviction unsustainable.

Source-derived case information.

Citation
[2011] ScotHC HCJAC 109
Parties
Complainer: Edith Jane King; Respondent: Procurator Fiscal, Dunoon
Jurisdiction
Scotland
Judgment Date
27 October 2011
Procedural Posture
Bill of Suspension / Appeal Following Reference by Scottish Criminal Cases Review Commission
Outcome
conviction suspended
Legal Topics
Racially Aggravated Conduct, Mens Rea, Statutory Interpretation, European Convention on Human Rights
Criminal Law Racially Aggravated Conduct Mens Rea Statutory Interpretation European Convention on Human Rights

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Parties

Edith Jane King

Complainer

Procurator Fiscal, Dunoon

Respondent

Procedural Posture

Bill of Suspension / Appeal Following Reference by Scottish Criminal Cases Review Commission

Legal Issues

  1. 1 Whether conviction under section 50A(1)(b) of the Criminal Law (Consolidation) (Scotland) Act 1995 requires proof of mens rea
  2. 2 Whether the offence is one of strict liability or requires malicious intent
  3. 3 Whether Article 10 and Article 17 of the European Convention on Human Rights are engaged

Ratio Decidendi

Conviction under section 50A(1)(b) requires proof that the accused acted with malice and ill-will based on the victim's membership of a racial group; absence of findings on this essential element renders the conviction unsustainable.

Court Disposition

conviction suspended

Orders

  • bill of suspension passed
  • conviction quashed