Raffaelli v Heatly [1949] ScotHC HCJ_1 (09 February 1949)

Raffaelli v Heatly [1949] ScotHC HCJ_1 (09 February 1949)

Repeated acts of peering into a lighted window at night, under circumstances calculated to cause alarm and annoyance, constitute disorderly conduct and breach of the peace, even if witnesses do not expressly state they were alarmed.

Citation
[1949] ScotHC HCJ_1
Parties
Appellant: Raffaelli; Respondent: Heatly
Jurisdiction
Scotland
Judgment Date
09 February 1949
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Breach of the Peace, Disorderly Conduct, Public Order, Sexual Misconduct
Criminal Law Breach of the Peace Disorderly Conduct Public Order Sexual Misconduct

Case Brief

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Parties

Raffaelli

Appellant

Heatly

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the facts found were sufficient to constitute breach of the peace
  2. 2 Whether evidence of alarm or annoyance is required for conviction

Ratio Decidendi

Repeated acts of peering into a lighted window at night, under circumstances calculated to cause alarm and annoyance, constitute disorderly conduct and breach of the peace, even if witnesses do not expressly state they were alarmed.

Court Disposition

appeal dismissed

Orders

  • Conviction for breach of the peace affirmed