MacGregor v Macneill
| Jurisdiction | Scotland |
| Judgment Date | 03 June 1975 |
| Date | 03 June 1975 |
| Docket Number | No. 11. |
| Court | High Court of Justiciary |
JC
L.J.-C. Wheatley, Lords Thomson, Wylie.
Procedure—Plea of guilty tendered in error and in the absence of accused—Bill of suspension—Competency.—Whether prejudice amounting to injustice.
The complainer in a bill of suspension was charged on a summary complaint with a contravention of sec. 6 (1) of the Road Traffic Act, 1972. At the first diet the solicitor for the complainer tendered a plea of guilty in his absence. The complainer was convicted and sentenced. The day following his conviction the complainer's solicitor informed the court that the plea had been tendered in error. The Sheriff, no objection being taken by the Procurator-fiscal depute, recalled the sentence and order of the court, allowed the plea of guilty to be withdrawn and a plea of not guilty to be tendered. Subsequently following trial the complainer was found not guilty. The Procurator-fiscal appealed by stated case to the High Court of Justiciary. The court dismissed the appeal and held that the procedure in the Sheriff Court whereby the Sheriff had recalled his order and sentence was incompetent (vide MacNeill v. MacGregorSC1975 J.C. 55). The complainer then brought a bill of suspension of the conviction and sentence which followed the plea of guilty which was admitted by the Crown to have been tendered in error.
Held (1) that the bill of suspension was competent, and (2) that in the very special circumstances of the case the bill disclosed such prejudice to the complainer as to result in justice not having been done to him; and sentence and conviction quashed.
John William MacGregor was charged at the instance of the Procurator-fiscal, Aberdeen on a complaint which set forth a charge of contravening sec. 6 (1) of the Road Traffic Act, 1972.
The following narrative of the procedure following upon the calling of the complaint in the Sheriff Court is taken from the statement of facts for the complainer:—"(1) On 25th July 1974 Mrs P. Gray, solicitor, Aberdeen, agent for the complainer, appeared for the accused before Sheriff A. M. G. Russell, Q.C., at Aberdeen Sheriff Court. The complainer was not present. The said Mrs Gray erroneously pled guilty upon the complainer's behalf although he had given instructions that a plea of not guilty was to be tendered on his behalf. (2) On 26th July 1974 the said Mrs Gray again appeared on the complainer's behalf before the said Sheriff. She then explained that the aforesaid plea of guilty had been made erroneously. This was accepted by the said Sheriff and the respondent and on that date a plea of not guilty was substituted by agreement. A diet of trial was fixed for 17th October 1974. (3) At the said diet of trial the complainer was acquitted. The respondent appealed by way of stated case. At the hearing … the Court...
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