JAMES McGREGOR v. PROCUATOR FISCAL, GLASGOW,

This is the appeal of James Alexander McGregor who was convicted on charges of breach of the peace and a contravention of section 52(1) of the Criminal Law (Consolidation) (Scotland) Act 1995. The Crown conceded before the case came to this Court that there was insufficient evidence to justify conviction on the charge of breach of the peace and accordingly we shall quash that conviction.

It was pointed out to us that there was a joint minute lodged which contained medical evidence to the effect that the appellant sustained lacerations to the back of his left ring and middle finger and a mallet deformity of a joint of the left middle finger which would appear to support, to some extent, the evidence given by Mr Dickson.

Unfortunately, despite the fact that this is the vital issue in the case, the Justice wholly fails to deal with it. He tells us that it was submitted to him that whether or not the appellant's hand was trapped was a matter of credibility and reliability, but then he does not deal in any way with the question as to which version he accepts.

In these circumstances we are entirely satisfied that the Justice has wholly failed to apply his mind to what was admittedly the vital issue and in these circumstances his decision simply cannot be upheld. It does appear, in the circumstances of this case, that there was fairly clear evidence from one of the two witnesses supported by medical evidence to the effect that the appellant's hand may well have been trapped and therefore it would be necessary for the Justice to explain why he considered that that did not constitute a reasonable excuse.