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Criminal law – Threatening or abusive behaviour – Availability of defence of self-defence – Burden of proof. High Court of Justiciary: Refusing an appeal against conviction, the court held that a sheriff did not misdirect the jury when he told them that the special defence of self-defence had no relevance to a charge of behaving in a threatening or abusive manner under s 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; s 38(2) did not impose a legal burden on an accused as opposed to an evidential one and the sheriff did misdirect the jury on that matter; however, as the appellant's behaviour could not, on any view, be characterised as having been reasonable, notwithstanding the misdirection there had been no miscarriage of justice.
Criminal law – Threatening or abusive behaviour – Availability of defence of self-defence – Burden of proof. High Court of Justiciary: Refusing an appeal against conviction, the court held that a sheriff did not misdirect the jury when he told them that the special defence of self-defence had no relevance to a charge of behaving in a threatening or abusive manner under s 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; s 38(2) did not impose a legal burden on an accused as opposed to an evidential one and the sheriff did misdirect the jury on that matter; however, as the appellant's behaviour could not, on any view, be characterised as having been reasonable, notwithstanding the misdirection there had been no miscarriage of justice.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
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