JUDGMENT OF SHERIFF PHILIP MANN IN CAUSA PROCURATOR FISCAL, PETERHEAD AGAINST JOSEPH CAMERON [2014] ScotSC 22 (18 June 2014)

JUDGMENT OF SHERIFF PHILIP MANN IN CAUSA PROCURATOR FISCAL, PETERHEAD AGAINST JOSEPH CAMERON [2014] ScotSC 22 (18 June 2014)

Breach proceedings under a community payback order do not constitute a prosecution for a specific offence and do not bar subsequent criminal prosecution for the same conduct; therefore, the plea of res judicata is repelled.

Citation
[2014] ScotSC 22
Parties
Prosecutor: Procurator Fiscal, Peterhead; Accused: Joseph Cameron
Jurisdiction
Scotland
Judgment Date
18 June 2014
Procedural Posture
Summary Prosecution / Plea to Competency (res Judicata) Prior to Plea
Outcome
plea of res judicata repelled; accused required to plead
Legal Topics
Res Judicata, Community Payback Order, Breach Proceedings, Criminal Prosecution
Criminal Law Criminal Procedure Res Judicata Community Payback Order Breach Proceedings Criminal Prosecution

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Parties

Procurator Fiscal, Peterhead

Prosecutor

Joseph Cameron

Accused

Procedural Posture

Summary Prosecution / Plea to Competency (res Judicata) Prior to Plea

Legal Issues

  1. 1 Whether prior breach proceedings under a community payback order bar subsequent criminal prosecution for the same conduct on grounds of res judicata

Ratio Decidendi

Breach proceedings under a community payback order do not constitute a prosecution for a specific offence and do not bar subsequent criminal prosecution for the same conduct; therefore, the plea of res judicata is repelled.

Court Disposition

plea of res judicata repelled; accused required to plead

Orders

  • Accused's plea to competency (res judicata) is repelled.
  • Accused is required to plead to the complaint.