McCallum & Anor v Procurator Fiscal, Edinburgh [2011] ScotHC HCJAC_8 (02 February 2011)

McCallum & Anor v Procurator Fiscal, Edinburgh [2011] ScotHC HCJAC_8 (02 February 2011)

The first appellant's conduct, when considered in its context and based on uncontested findings of fact, was sufficiently severe to cause alarm to ordinary people and threaten serious disturbance to the community, thus meeting the requirements for breach of the peace. However, the fines imposed on both appellants were excessive given the circumstances and their respective incomes.

Citation
[2011] ScotHC HCJAC_8
Parties
First Appellant: Dr John McCallum; Second Appellant: Michelle Anne McCallum; Respondent: Procurator Fiscal, Edinburgh
Jurisdiction
Scotland
Judgment Date
02 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
First appellant's appeal against conviction refused; appeals against sentence by both appellants allowed.
Legal Topics
Breach of the Peace, Sentencing, Appeal Procedure
Criminal Law Breach of the Peace Sentencing Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Dr John McCallum

First Appellant

Michelle Anne McCallum

Second Appellant

Procurator Fiscal, Edinburgh

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conduct of the first appellant constituted breach of the peace under Scots law
  2. 2 Whether the fines imposed on both appellants were excessive

Ratio Decidendi

The first appellant's conduct, when considered in its context and based on uncontested findings of fact, was sufficiently severe to cause alarm to ordinary people and threaten serious disturbance to the community, thus meeting the requirements for breach of the peace. However, the fines imposed on both appellants were excessive given the circumstances and their respective incomes.

Court Disposition

First appellant's appeal against conviction refused; appeals against sentence by both appellants allowed.

Orders

  • Fine of £2,500 on first appellant quashed and substituted with £750.
  • Fine of £2,500 on second appellant quashed and substituted with £400.