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Scotland Case Law

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Criminal law [1999] ScotHC HCJ_257

John (Helen) v Donnelly

John (Helen) v Donnelly [1999] ScotHC HCJ_257 (23 July 1999)

The High Court of Justiciary rejected a protester's appeal, holding that her belief in the illegality of nuclear weapons was not a reasonable excuse for cutting a fence.

  • Malicious mischief
  • Reasonable excuse
  • International law
  • Humanitarian law
  • Protest actions
  • Nuclear weapons
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Criminal law [1997] ScotHC HCJ_3

Bett v Hamilton (aka Bett v Brown)

Bett v Hamilton (aka Bett v Brown) [1997] ScotHC HCJ_3 (23 July 1997)

The High Court of Justiciary held that disrupting a security camera without causing financial loss did not amount to malicious mischief; the appeal was allowed.

  • Malicious mischief
  • Patrimonial loss
  • Property interference
  • Malicious-mischief
  • Patrimonial-loss
  • Criminal-law
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Criminal law [1956] ScotHC HCJ_1

Clark v Syme

Clark v Syme [1956] ScotHC HCJ_1 (03 October 1956)

The High Court of Justiciary held that deliberately shooting a trespassing sheep amounted to malicious mischief, despite the respondent’s claimed legal misconception.

  • Malicious mischief
  • Property rights
  • Animal destruction
  • Boundary disputes
  • Malicious-mischief
  • Criminal-law
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Criminal law [1937] ScotHC HCJ_1

Ward v Robertson

Ward v Robertson [1937] ScotHC HCJ_1 (10 November 1937)

The High Court of Justiciary allowed an appeal against a malicious mischief conviction arising from trespassing across grassland and causing damage.

  • Malicious mischief
  • Trespass
  • Mens rea
  • Damage to property
  • Malicious-mischief
  • Mens-rea
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Date unavailable
Criminal law [1999] ScotHC 194

Helen John v. Procurator Fiscal, Dumbarton

Helen John v. Procurator Fiscal, Dumbarton [1999] ScotHC 194 (23rd July, 1999)

A sincere belief in the illegality of nuclear weapons and their potential effects does not amount to a reasonable excuse under section 52(1) of the Criminal Law (Consolidation)(Scotland) Act 1995; the magistrate was entitled to find that nothing established before him amounted to a reasonable excuse.

  • Malicious mischief
  • Reasonable excuse
  • International law
  • Humanitarian law
  • Protest actions
  • Nuclear weapons
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.