KENNETH WILLIAM MILTON v. PROCURATOR FISCAL, PERTH [1999] ScotHC 6 (12th January, 1999)

KENNETH WILLIAM MILTON v. PROCURATOR FISCAL, PERTH [1999] ScotHC 6 (12th January, 1999)

The sheriff's remarks during the evidence, in the absence of any contradiction or explanation, created a risk that justice was not evidently being done, and thus the conviction could not safely stand.

Citation
[1999] ScotHC 6
Parties
Complainer: Kenneth William Milton; Respondent: Procurator Fiscal, Perth
Jurisdiction
Scotland
Procedural Posture
Bill of Suspension / Appeal Against Conviction
Outcome
Conviction set aside; Bill of Suspension passed.
Legal Topics
Judicial Impartiality, Conduct of Judge, Appeal Against Conviction, Theft
Criminal Law Judicial Impartiality Conduct of Judge Appeal Against Conviction Theft

Case Brief

Summary, issues, holding and outcome

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Parties

Kenneth William Milton

Complainer

Procurator Fiscal, Perth

Respondent

Procedural Posture

Bill of Suspension / Appeal Against Conviction

Legal Issues

  1. 1 Whether remarks made by the sheriff during trial indicated prejudgment and compromised judicial impartiality, thereby tainting the conviction.

Ratio Decidendi

The sheriff's remarks during the evidence, in the absence of any contradiction or explanation, created a risk that justice was not evidently being done, and thus the conviction could not safely stand.

Court Disposition

Conviction set aside; Bill of Suspension passed.

Orders

  • Conviction quashed.
  • Pleas in law sustained.