McConachie v Pocurator Fiscal, Aberdeen

Criminal law – Breach of peace. Sheriff Appeal Court: Allowing an appeal by an appellant who was convicted of committing a breach of the peace, the appellant, a passenger on the same bus as the complainer, a 12-year-old boy, having written his name, address and phone number on his bus ticket, and as he was alighting, placed the ticket on top of the complainer's gym bag, and then, having alighted, gestured to the complainer to phone him, the court held that the sheriff had erred in convicting the appellant as his conduct did not meet the test of being genuinely alarming and disturbing to any reasonable person and being likely to threaten serious disturbance to the community.

Category: