Iain Rooney V. Procurator Fiscal, Stirling
Jurisdiction | Scotland |
Judge | Lord Tyre,Lord Menzies,Lady Dorrian |
Neutral Citation | [2013] HCJAC 57 |
Published date | 14 May 2013 |
Date | 14 May 2013 |
Court | High Court of Justiciary |
Docket Number | XJ33/13 |
APPEAL COURT, HIGH COURT OF JUSTICIARY | |
Lord Menzies Lady Dorrian Lord Tyre | [2013] HCJAC 57 Appeal No: XJ33/13 OPINION OF THE COURT delivered by LADY DORRIAN in STATED CASE by IAIN ROONEY Appellant; against PROCURATOR FISCAL, STIRLING Respondent: _______ |
Appellant: Collins, Sol AD; Capital Defence Lawyers
Respondent: Brodie QC AD; Crown Agent
14 May 2013
[1] The accused went to trial on a complaint containing two charges. The first was a charge of breach of the peace at Pearl Street, Callander by shouting, swearing and threatening to kill police officers. The second, at the same locus and in the course of a journey by van to Stirling police office, was a breach of s 38(1) of the Criminal Justice (Scotland) Act 2010 by shouting, swearing and uttering sectarian and racial threats of violence, which latter offence was said to be aggravated by racial and religious prejudice.
[2] On the day in question, police officers attended the locus for an unconnected reason. In the garden there they found the appellant gesticulating with his arms, swearing, threatening to take a knife and stab the officers and threatening to kill them. Having failed to calm down when requested to do so, he was arrested for breach of the peace, handcuffed, and placed in a cage in the rear of a police van. It was initially difficult to place the handcuffs on him, because he tensed his body. During the journey to Stirling the sheriff records that he "was repeatedly abusive towards the police officers. He was also shouting remarks such as "Shoot Gerry Adams", "Fuck Bobby Sands", "Kill all Paki bastards", "Kill all Fenians". The appellant was also whistling or singing sectarian songs. The appellant repeatedly verbally abused the two police officers in the police van. In a raised voice he ranted the said sectarian and racial threats of violence. The sheriff also records that the police officers took the threats to them seriously, because of their knowledge of the appellant. This matter was not further explored in evidence, although it subsequently became apparent that the appellant had convictions for offences of disorder and breaches of the Police (Scotland) Act 1967. The sheriff further records that although the police officers found the appellant's sectarian and racist comments offensive, there was no evidence that they themselves were fearful or alarmed. They were aware that the accused was intellectually challenged. By the time they arrived at Stirling the...
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