Blair v Keane
| Jurisdiction | Scotland |
| Judgment Date | 24 September 1980 |
| Date | 24 September 1980 |
| Docket Number | No. 5. |
| Court | High Court of Justiciary |
JC
L.J.-C. Wheatley, Lords Kissen, Robertson.
Statutory offences—Trade description—Relevancy of complaint—Specification—Test for sufficiency—"Fair notice"—Trade Descriptions Act 1968 (cap. 29), sec. 1 (1)1—Criminal Procedure (Scotland) Act 1975 (cap. 21), sec. 312 (p).2
A car dealer was charged on summary complaint with a contravention of sec. 1 (1) (a) or (b) of the Trade Descriptions Act 1968. It was libelled against him on the complaint that he had, in the course of his trade or business, sold to a person a motor car, the quality of which he had described in particular terms which were false. No specification was given on the libel of the respects in which the description of the car was said to be false.
The appellant stated an objection to the relevancy of the complaint in this form, but the objection was repelled and he was tried and convicted in respect of the first alternative charge. He appealed. At the appeal it was stated by the Crown that the practice of prosecutors varied whether to specify more than the terms of the statute.
Held (1) that the sufficiency of specification in libels of statutory offences was not to be decided by reference to the practice of prosecutors, but was to be regulated by the Court upon principles of law.
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(2) That in terms of sec. 312 (p) of the Criminal Procedure (Scotland) Act 1975 the Court must in each case look to the circumstances and decide whether the terms of a complaint which simply echo the words of the statutory provision founded upon give fair notice to the accused of the charge which he requires to answer.
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(3) That in this case the terms of the complaint did not give such fair notice to the appellant; and convictionquashed.
Yeudall v. William Baird & Co. 1925 J.C. 62considered.
John Blair was charged on summary complaint at the instance of Francis Joseph Keane, Procurator-fiscal, at Airdrie Sheriff Court that "you did on 17th April 1979 at the premises known as Drumgelloch Car Sales at Forrest Street, Airdrie, occupied by you in the course of a trade of business as a Car Dealer, apply a false description to goods namely to an Austin 1300 motor
car registered number EGB 979K in that you stated to Helen Kyle or Crosbie, 4 Leysview Cottage, Harvey Mailings, Denny, that said motor car was in “A. 1 condition” it is “great motor”“it is perfect”“you'll not have trouble for years”“it will do the turn;” Contrary to Section 1 (1) (a) of the Trade Descriptions Act 1968 or alternativelydate and place above libelled, you did in the course of a trade or business as a car dealer, supply an Austin 1300 motor car registered number EGB 979K to said Helen Kyle or Crosbie to which a false description was applied namely that said car was in “A. 1 condition” it is “a great motor” it is “perfect”“you'll not have trouble for years”“it will do the turn;” Contrary to Section 1 (1) (b) of the Trade Descriptions Act 1968."A plea to the relevancy of the complaint was tabled in the following terms:—"That the libel was lacking in specification in that it failed to state in what respect the descriptions were false."
On 3rd March 1980 the Sheriff (Pirie) repelled that plea. A plea of not guilty was adhered to and the trial took place on the 3rd...
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Horsburgh v Russell
...specification as a condition of relevancy if that is necessary to give an accused fair notice of the case he has to meet (Blair v. KeaneSC 1981 J.C. 19). Accordingly in a case such as the present, where the conditions laid down in sec. 312(t) have been satisfied and the sheriff is entitled ......
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Patrick Joseph Nevin V. Her Majesty's Advocate
...it is up to the Crown to place on averment. He referred us to Yeudall v William Baird & Company Limited 1925 J.C. 62 and Blair v Kene 1981 J.C. 19, both of which it was said supported the proposition that, notwithstanding that the terms of the relevant part of the 1908 Act, there could stil......