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This is the appeal of Terry Symmers who was convicted of five offences under the Road Traffic Act including a contravention of Section 2 of the Act. It is only the conviction under Section 2 that is appealed.
In these circumstances the Sheriff convicted and in our view was entitled to do so if he was entitled to take into account the events which occurred in Kirkliston Road and Burgess Terrace. What was submitted to this Court, however, as indeed was submitted to the Sheriff, was that Kirkliston Road and Burgess Road did not feature in the charge under Section 2 and therefore that any evidence relating to events in those two roads should not have been admitted.
The Advocate Depute submitted that under schedule 3, paragraph 4(2) of the Criminal Procedure (Scotland) Act 1995 there is an implied latitude. What that paragraph reads is:
"The latitude formerly used in stating any place by adding to the word 'at', or to the word 'in', the words 'or near', or the words 'or in the near neighbourhood thereof' or similar words, shall be implied in all statements of place where the actual place is not of the essence of the charge."
The Advocate Depute submitted that the locus was not of the essence of the charge and that as Kirkliston Road and Burgess Road were in the near neighbourhood of the streets mentioned in the charge the evidence was admissible.
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