Iain Rooney V. Procurator Fiscal, Stirling

JurisdictionScotland
CourtHigh Court of Justiciary
JudgeLord Tyre,Lord Menzies,Lady Dorrian
Neutral Citation[2013] HCJAC 57
Publication Date14 May 2013
Date14 May 2013
Docket NumberXJ33/13

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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5 cases
  • Andrew Jolly+her Majesty's Advocate V. Her Majesty's Advocate+andrew Jolly
    • United Kingdom
    • 9 August 2013
    ...concerns and having reported what the accused said, at interview, to the police. However, she also relied on the case of Rooney v Brown [2013] HCJAC 57; 2013 SCCR334 as being authority for the proposition that it was enough, for a contravention of section 38(1) of the 2010 Act, that the beh......
  • Ahmed v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 18 September 2020
    ...sub nom Paterson v Procurator Fiscal, Airdrie [2014] HCJAC 87; 2015 JC 118; 2014 SLT 857; 2014 SCCR 521; 2014 SCL 606 Rooney v Brown [2013] HCJAC 57; 2013 SCCR 334; 2013 SCL 615; 2013 GWD 17-354 SG v HM Advocate [2019] HCJAC 68; 2020 SLT 63; 2020 SCCR 79 Smith v Donnelly 2002 JC 65; 2001 SL......
  • Appeals Against Conviction By Ewan Paterson And Others Against Pf Airdrie
    • United Kingdom
    • 14 August 2014
    ...together. Cases referred to: Jolly v HM Advocate [2013] HCJAC 96; 2014 JC 171; 2013 SLT 1100; 2013 SCCR 511; 2013 SCL 832 Rooney v Brown [2013] HCJAC 57; 2013 SCCR 334; 2013 SCL 615 The appeals were heard before the High Court of Justiciary, comprising the Lord Justice-General (Gill), the L......
  • James Poyner V. Procurator Fiscal, Glasgow
    • United Kingdom
    • 9 August 2013
    ...v HM Advocate 2008 HCJAC 18; Ferguson v Carnochan (1889) 16R 93; Kinnaird v Higson 2001 SCCR 427; Rooney v Procurator Fiscal, Stirling [2013] HCJAC 57; MacLellan v Procurator Fiscal, Oban, 27 March 2012. The officers had not been in uniform. What had occurred was not that unusual in the str......
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