Procurator Fiscal, Dingwall v Robbie The Pict [2004] ScotSC 57 (27 August 2004)

Procurator Fiscal, Dingwall v Robbie The Pict [2004] ScotSC 57 (27 August 2004)

The prohibition against the collection of tolls in the Inverness Charter applies only to burgesses of Inverness, a specific class distinct from residents of the Isle of Skye. The accused failed to prove he was a burgess of Inverness and thus is not entitled to the claimed exemption. The plea to the competency and relevancy of the complaint was therefore repelled.

Citation
[2004] ScotSC 57
Parties
Complainant: The Procurator Fiscal, Dingwall; Accused: Robbie the Pict
Jurisdiction
Scotland
Judgment Date
27 August 2004
Procedural Posture
Criminal Complaint / Plea to Competency and Relevancy of Complaint
Outcome
plea to competency and relevancy repelled; case to proceed to trial
Legal Topics
Toll Collection, Royal Charters, Statutory Interpretation, Burgh Privileges
Criminal Law Administrative Law Toll Collection Royal Charters Statutory Interpretation Burgh Privileges

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Parties

The Procurator Fiscal, Dingwall

Complainant

Robbie the Pict

Accused

Procedural Posture

Criminal Complaint / Plea to Competency and Relevancy of Complaint

Legal Issues

  1. 1 Whether Royal Charters prohibit the imposition of tolls on the accused as a resident of the Isle of Skye
  2. 2 Whether the accused qualifies as a burgess of Inverness and is thus exempt from tolls under the Inverness Charter
  3. 3 Whether the prohibition against tolls in the Inverness Charter remains valid and enforceable

Ratio Decidendi

The prohibition against the collection of tolls in the Inverness Charter applies only to burgesses of Inverness, a specific class distinct from residents of the Isle of Skye. The accused failed to prove he was a burgess of Inverness and thus is not entitled to the claimed exemption. The plea to the competency and relevancy of the complaint was therefore repelled.

Court Disposition

plea to competency and relevancy repelled; case to proceed to trial

Orders

  • Plea of not guilty recorded for the accused
  • Case adjourned for trial on 8 October 2004 with an intermediate diet on 16 September 2004