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Appeal By Jonathan Kelly Against The Procurator Fiscal, Hamilton

Judgment Cited authorities 13 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeSheriff N McFadyen,Sheriff A G McCulloch,Sheriff Principal D L Murray
Neutral Citation[2019] SAC (Crim) 11
Docket NumberSAC/2019/419/AP
Date25 September 2019
CourtSheriff Appeal Court
Published date25 September 2019
SHERIFF APPEAL COURT
[2019] SAC (Crim) 11
SAC/2019/419/AP
Sheriff Principal D L Murray
Sheriff A G McCulloch
Sheriff N McFadyen
OPINION OF THE COURT
delivered by SHERIFF PRINCIPAL D L MURRAY
in
Appeal in terms of section 174 of the Criminal Procedure (Scotland) Act 1995 by
JONATHAN KELLY
Appellant
against
PROCURATOR FISCAL, HAMILTON
Respondent
Appellant: Ogg, Solicitor Advocate; Gilfedder & McInnes
Respondent: Edwards, Q.C., Advocate; Crown Agent
25 September 2019
[1] This appeal is against the order made by the summary sheriff at Hamilton Sheriff
Court on 17 June 2019 whereby the sheriff repelled a preliminary plea as stated by the
appellant:- that the prosecution’s case was incompetent on the basis of oppression. The
complaint against the appellant was in the following terms:
“(001) On 7th August 2018 at Auchingramont Road Hamilton, you JONATHAN
KELLY did behave in a threatening and abusive manner which was likely to cause a

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