Clark & Anor v. Procurator Fiscal [2011] ScotHC HCJAC_65 (01 July 2011)

The sheriff's findings do not conclusively establish the accused's guilt, and the benefit of doubt must be given to the accused, leading to the appeals being allowed.

Citation: [2011] ScotHC HCJAC_65
Parties: Appellant: Thomas Clark; Appellant: Andrew Glover; Respondent: Procurator Fiscal, Dumbarton
Jurisdiction: Scotland
Judgment Date: 01 July 2011
Procedural Posture: Criminal Appeal / Appeal Against Conviction
Outcome: appeals allowed
Legal Topics: Breach of the Peace, Assessment of Evidence, Mens Rea

Criminal Law Breach of the Peace Assessment of Evidence Mens Rea

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Clark

Appellant

Andrew Glover

Appellant

Procurator Fiscal, Dumbarton

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

1 Whether the disturbance was caused by the accused or by the police
2 Whether the sheriff's findings support the conviction
3 Whether benefit of doubt should be given to the accused

Ratio Decidendi

The sheriff's findings do not conclusively establish the accused's guilt, and the benefit of doubt must be given to the accused, leading to the appeals being allowed.

Court Disposition

appeals allowed

Orders

Questions 1 and 6 in each case answered in the negative
Convictions quashed