Whillans v Procurator Fiscal, Edinburgh [2010] ScotHC HCJAC_91 (01 September 2010)

Whillans v Procurator Fiscal, Edinburgh [2010] ScotHC HCJAC_91 (01 September 2010)

There were no exceptional circumstances or genuine error in the tendering of the guilty plea; the complainer admitted the libel in all particulars and was properly advised of the consequences. The Bill of Suspension must be refused.

Citation
[2010] ScotHC HCJAC_91
Parties
Complainer: Garry Whillans; Respondent: Procurator Fiscal, Edinburgh
Jurisdiction
Scotland
Judgment Date
01 September 2010
Procedural Posture
Bill of Suspension / Appeal
Outcome
Bill of Suspension refused
Legal Topics
Dangerous Driving, Withdrawal of Guilty Plea, Exceptional Circumstances
Criminal Law Dangerous Driving Withdrawal of Guilty Plea Exceptional Circumstances

Case Brief

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Parties

Garry Whillans

Complainer

Procurator Fiscal, Edinburgh

Respondent

Procedural Posture

Bill of Suspension / Appeal

Legal Issues

  1. 1 Whether the plea of guilty was tendered in error or under misconception
  2. 2 Whether exceptional circumstances exist to justify withdrawal of the guilty plea

Ratio Decidendi

There were no exceptional circumstances or genuine error in the tendering of the guilty plea; the complainer admitted the libel in all particulars and was properly advised of the consequences. The Bill of Suspension must be refused.

Court Disposition

Bill of Suspension refused