Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
[1] On 11 January 2012, at the Sheriff Court in Dundee, the appellant was found guilty of a charge of assault on a summary complaint, which as libelled read that:
"on 20 July 2010, at the East Port Bail Hostel ... Dundee [he] ... and (ST) did, while on duty as police constables, assault (AP), an employee there, and did handcuff her arms to a window, wrap sellotape around her head and cause her breathing to be restricted, all to her injury".
The sheriff convicted the appellant under deletion of the words "did handcuff her arms to a window", although he now considers that he should have convicted the appellant as libelled (see infra ). The appellant was ordered to pay compensation of �1,000 to the complainer. The co-accused, ST, was acquitted.
[2] The incident concerned the activities of the appellant and his female colleague, ST, when, in the course of their duties, they visited a bail hostel where the complainer, AP, aged 47, was a social care assistant.
[7] The sheriff's approach to the preparation of the stated case, in its dense sequential recording of testimony, is unhelpful and has added to the burden of this court in trying to identify the essential and relevant evidence, bearing upon the issue of sufficiency. It is accordingly necessary for this court to carry out what ought to have been a straightforward exercise of paraphrasing the testimony.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.