PROCURATOR FISCAL, PETERHEAD AGAINST LYN ELRICK [2017] ScotSC 31 (23 May 2017)

PROCURATOR FISCAL, PETERHEAD AGAINST LYN ELRICK [2017] ScotSC 31 (23 May 2017)

A genuine but mistaken belief in joint ownership does not provide a reasonable excuse for wilfully damaging property in which another has an interest as joint owner. Section 52 of the 1995 Act applies to joint owners, and the accused's actions constituted vandalism.

Citation
[2017] ScotSC 31
Parties
Pursuer: Procurator Fiscal, Peterhead; Defender: Lyn Elrick
Jurisdiction
Scotland
Judgment Date
23 May 2017
Procedural Posture
Criminal / Summary Trial Verdict
Outcome
guilty
Legal Topics
Vandalism, Joint Ownership, Reasonable Excuse, Criminal Damage
Criminal Law Vandalism Joint Ownership Reasonable Excuse Criminal Damage

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Parties

Procurator Fiscal, Peterhead

Pursuer

Lyn Elrick

Defender

Procedural Posture

Criminal / Summary Trial Verdict

Legal Issues

  1. 1 Whether a joint owner can be criminally liable for vandalism of jointly owned property under section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995
  2. 2 Whether a genuine but mistaken belief in joint ownership provides a reasonable excuse under the statute

Ratio Decidendi

A genuine but mistaken belief in joint ownership does not provide a reasonable excuse for wilfully damaging property in which another has an interest as joint owner. Section 52 of the 1995 Act applies to joint owners, and the accused's actions constituted vandalism.

Court Disposition

guilty

Orders

  • The accused is convicted of vandalism.