Brown v Procurator Fiscal, Ayr

Criminal law and procedure – Improper use of public electronic communications network. Sheriff Appeal Court: Allowing an appeal by an appellant who was convicted of sending by means of a public electronic communications network messages of a menacing character, contrary to s 127(1)(a) of the Communications Act 2003, the court held that had the sheriff made an objective assessment of the words deployed she would have recognised that the messages did not contravene s 127 for the simple reason that they lacked menace, and the sheriff had erred in focusing on the complainer's reaction and in repelling a submission of no case to answer.

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