Patrick Joseph Nevin V. Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Johnston,Lord Kingarth,Lord Penrose |
| Neutral Citation | [2006] HCJAC 59 |
| Court | High Court of Justiciary |
| Date | 07 July 2006 |
| Docket Number | XC125/06 |
| Published date | 29 September 2006 |
APPEAL COURT, HIGH COURT OF JUSTICIARY
| Lord Johnston Lord Kingarth Lord Penrose | [2006] HCJAC 59 Appeal No: XC125/06 OPINION OF THE COURTdelivered by LORD JOHNSTON in NOTE OF APPEAL under Section 74(1) of the Criminal Procedure (Scotland) Act 1995 by PATRICK JOSEPH NEVIN Appellant; against HER MAJESTY'S ADVOCATE Respondent: _______ |
Act: G. Allen; Clark Ferguson, Edinburgh
Alt: D. Bain, A.D.; Crown Agent
7 July 2006
[1] The appellant was charged before the sheriff at Edinburgh in the following terms:
"(001) between 1 September 2001 and 1 May 2004, both dates inclusive, at 66 Salters Road, Wallyford, East Lothian, 29 Kippielaw Park and 4 Stone Place, both Mayfield, Dalkeith, Midlothian and 35 and 55 Woodburn Street, Dalkeith, Midlothian and 21/6 Harvesters Way, Wester Hailes, Edinburgh, you PATRICK JOSEPH NEVIN did facilitate the commission of a breach of immigration law by individuals namely, Oleksandr Boyko, Vazha Okruashvili, Mamouka Shonia, Elena Podalty, Malgorzata Solmka, Piotr Pawel Matyjawka, Wojciechn Grabowski, Aija Abola, Regina Marzena Britani, Emerita Sembele or Relina, Artur Szczubiak and Ewa Bogusz, who were not citizens of the European Union in respect that you provided said individuals with accommodation at the above libelled addresses and work at various farms throughout Lothian and Borders including Bomains Farm, Linlithgow, West Lothian, East Kerse Mains Farm, Bo'ness, West Lothian and West Garleton, Haddington, East Lothian and provided transport to and from said farms for said individuals.
CONTRARY to the Immigration Act 1971, Section 25(1)(a)(b) and (c) and (6)."
[2] At the hearing before the sheriff one of the dates was amended from 1 September 2001 to 10 February 2003.
[3] The material legislatory provision which applied is in the following terms:
"143 Assisting unlawful immigration, &c.
The following shall be substituted for section 25 of the Immigration Act 1971 (c. 77) (assisting illegal entry) --
'25 Assisting unlawful immigration to member State
(1) A person commits an offence if he --
(a) does an act which facilitates the commission of a
breach of immigration law by an individual who is not a citizen of the European Union,
(b) knows or has reasonable cause for believing that the act
facilitates the commission of a breach of immigration law by the individual, and
(c) knows or has reasonable cause for believing that the
individual is not a citizen of the European Union."
[4] Before the sheriff,...
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