High Court of Justiciary
| Date | 01 May 1996 |
| DOI | 10.1177/002201839606000202 |
| Published date | 01 May 1996 |
| Author | Robert Shiels |
| Subject Matter | High Court of Justiciary |
HIGH
COURT
OF
JUSTICIARY
ASSAULT BY SPORTSMEN IN COURSE OF PLAY
Ferguson v Normand
McMillan v
HM
Advocate
Duncan Cowan Ferguson was charged by the procurator fiscal at Glasgow
with assault while participating in a professional football match. After trial
Ferguson was convicted and sentenced to three months' imprisonment. He
appealed against conviction and sentence.
The sheriff presiding noted in the stated case that he found in fact that
while Ferguson was playing for Glasgow Rangers in a game against Raith
Rovers he and the complainer became involved in a tussle for the ball. The
referee blew his whistle and awarded a free kick to Raith Rovers. Ferguson
then turned towards the complainer and deliberately butted him on the left
side of his face, at the same time grabbing his jersey. The complainer fell to
the ground and was found then to have a fresh wound on the inside of his
mouth. He was able to resume play.
Ferguson abandoned his appeal against conviction. The High Court of
Justiciary sitting in its appellate capacity considered the appeal against
sentence Ferguson v Normand
(1995)
SCCR 770.
It
was held that one of the
factors which may indicate the gravity of the offence is the fact that the
assault had been committed in public before so many spectators. Any
sentence for such an assault must reflect the need to deter others from
engaging in similar acts ofcriminal violence.
The court indicated that it had no wish to intervene in physical contact
sports such as professional football. But when acts are done which go well
beyond what can be regarded as normal physical contact and an assault is
committed, the court had a duty to condemn and punish such conduct.
The court had regard to the circumstances of the crime and to the
appellant's recent previous conviction and refused the appeal.
In McMillan v
HM
Advocate
(1994)
GWD 26-1560 Scott McMillan was
charged with assault to severe injury and he pleaded guilty. The crime had
been committed during the course of a rugby match which was said to be
ill-tempered and spiteful and marred by generallyun sportsman-like conduct.
There was a suggestion that the standard of refereeing was weak and
ineffectual. The whole incident had been filmed by a spectator and the video
was shown in court.
The immediate precipitant of the assault was an incident of little
more than jostling between one of McMillan's team and the complainer.
Thereupon, from a distance of some yards away McMillan ran forward,
and taking calculated and deliberate aim headbutted the complainer in the
face. The resultant bone fracture required surgical intervention and the
insertion of a metal plate.
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