APPEAL AGAINST SENTENCE BY PF PETERHEAD AGAINST SB [2014] ScotHC HCJAC_82 (24 July 2014)

APPEAL AGAINST SENTENCE BY PF PETERHEAD AGAINST SB [2014] ScotHC HCJAC_82 (24 July 2014)

No conviction was recorded on 25 February 2014; therefore, the order for absolute discharge was competent and the Crown's appeal was refused.

Citation
[2014] ScotHC HCJAC_82
Parties
Appellant: Procurator Fiscal, Peterhead; Respondent: SB
Jurisdiction
Scotland
Judgment Date
24 July 2014
Procedural Posture
Crown Appeal Against Sentence / Appeal Judgment
Outcome
Crown appeal refused
Legal Topics
Absolute Discharge, Conviction Procedure, Summary Proceedings, Correction of Court Records
Criminal Law Absolute Discharge Conviction Procedure Summary Proceedings Correction of Court Records

Case Brief

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Parties

Procurator Fiscal, Peterhead

Appellant

SB

Respondent

Procedural Posture

Crown Appeal Against Sentence / Appeal Judgment

Legal Issues

  1. 1 Whether an order for absolute discharge was competent after a plea of guilty and adjournment for reports
  2. 2 Whether a conviction had been recorded prior to the order for absolute discharge

Ratio Decidendi

No conviction was recorded on 25 February 2014; therefore, the order for absolute discharge was competent and the Crown's appeal was refused.

Court Disposition

Crown appeal refused

Orders

  • Minute of 25 February 2014 amended to state 'without proceeding to conviction' before 'adjourned'