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Stated Case By Fraser Mitchell Against Procurator Fiscal, Kirkcaldy

Judgment Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeSheriff Michael G. O'Grady,Sheriff S.F. Murphy
Neutral Citation[2017] SAC (Crim) 14
Date05 September 2017
Docket NumberSAC/2017-000344/AP
CourtSheriff Appeal Court
Published date05 September 2017
SHERIFF APPEAL COURT
[2017] SAC (Crim) 14
SAC/2017-000344/AP
Sheriff Principal I R Abercrombie QC
Sheriff M O’Grady QC
Sheriff S F Murphy QC
OPINION OF THE COURT
delivered by SHERIFF S F MURPHY QC
in
STATED CASE
by
FRASER MITCHELL
Appellant
against
PROCURATOR FISCAL, KIRKCALDY
Respondent
Appellant: Martin (sol adv); Martin Johnston & Socha (Kirkcaldy)
Respondent: I McSporran QC (sol adv), AD; Crown Agent
5 September 2017
[1] On 16 January 2017 the appellant was convicted by the sheriff at Kirkcaldy of a
charge of domestic assault by striking his partner in her groin with his knee and repeatedly
striking her to the head and body to her injury at her address in Kirkcaldy. He has appealed
against that decision and the sheriff has stated a case for the opinion of this court in relation
to three matters: whether he erred in law in repelling a defence objection to the admissibility

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