Criminal Law and Practice in Scotland
| Published date | 01 October 1940 |
| Date | 01 October 1940 |
| DOI | http://doi.org/10.1177/0032258X4001300403 |
| Subject Matter | Article |
Criminal
Law
and Practice
in Scotland
"
UNDER
THE INFLUENCE
"-CORROBORATIVE
EVIDENCE
IT
may sometimes happen that a police officer is unaccom-
panied when he encounters amotorist in circumstances
which justify arrest for a contravention of Section I5 of the
(I) that the suspect was driving, or attempting to drive, or in
charge of a motor vehicle on a road and (2) that he was, at that
time, " under the
influence"?
Clearly, the officer's statement,
standing alone, is insufficient in law to justify conviction; and,
indeed,
if
no corroboration is available on either point, the
officer may be taking a considerable risk in arresting without
warrant. A way out of the difficulty is suggested, so far as the
question of proof of insobriety is concerned, by the case of
Macdonald v. Duguid, heard on appeal by the High Court of
Justiciary on July 3rd. As appears from the Stated Case, the
leading facts proved at the trial were as follows:
On
March z
tst,
1940, the appellant was attending a
funeral by road from Fortrose to Roybridge. On the journey
to Roybridge, a halt was made at Invermoriston between
I I a.m. and noon.
The
appellant had a bottle of beer, and two
bottles of whisky were bought for refreshment of the mourners.
(It
does not appear to have been proved whether appellant
consumed any of the whisky either then or later in the day.)
On the return journey, appellant, after having tea at Spean
Bridge, stopped at
Fort
Augustus
Inn
and had a bottle of beer
and, fifty minutes later, at Invermoriston Hotel, where he had
a half pint. Afurther stop was made at Drumnadrochit Hotel,
where he had another bottle of beer. He left Drumnadrochit,
driving his car, at 7.10 p.m.
Ten
minutes later, ChiefConstable
377
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