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[1] This is the appeal by Andrew Farrell. In this case the appellant was convicted of a charge which libelled:
“(001) on 27 th October 2012 and 28 th October 2012 at 285 Kingsacre Rd, Rutherglen, Glasgow you ANDREW FARRELL did behave in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm in that you did shout and swear at Jennifer Farrell, your wife, residing there; CONTRARY to Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010.”
[2] At the end of the Crown case a submission of no case to answer was made on behalf of the appellant but this was repelled by the sheriff. Thereafter further evidence was led including evidence from the appellant.
[3] The submissions in relation to the appeal against conviction related to three main chapters which reflected the three questions by the opinion of the court namely:
“1. Did I err in law in repelling the submission made on behalf of the appellant in terms of section 160 of the Criminal Procedure (Scotland) Act 1995?
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