Baig Vs. Harvie: Case Study

Improved Essays
Threatening or abusive behaviour

Baig v Harvie

Baig v Harvie[1] raises the question whether it was necessary to create a crime of threatening or abusive behavior at all and it how the crime operates in relation to breach of the peace; and or the appropriateness of the defense used by the accused

A. THE FACTS

Mirza Baig appealed his conviction for threatening and abusive behaviour towards two parking attendants.The Incident took place on31 January 2014.The facts where Mirza accompanied by his brother, had an encounter with two parking attendants The Crown witnesses, Fraser Brown and Peter McNicol who had issued a penalty charge notice in respect of the appellant's car.The encounter was filmed and audio-recorded by a body camera worn
…show more content…
From the pattern of escalating behaviour it is clear that Mr Biag did not behave in a reasonable manner howvever the defnce still arguged Miss Mitchell on behalf of the appellant submitted that where an altercation was purely verbal They also cited Harris v HMA advocate[8] Which is the grounds that the appellant was appealing on the argument would entail that any utterance made privately to another individual which was, objectively speaking, disturbing or alarming would be sufficient to constitute the crime”They even questioned the dictionary definations of the words “Fear” and “alarm” thus furthering the confusion.Also the fact he followed the parking attendinndts can also be compared to Harvey v HMA[9] The accused took exception and followed the complainer through streets in Girvan shouting abuse at him.The elemts of the act can be found in In Urquhart v HMA 2015 SLT 853, Lady Clark of Calton indicated that the offence had “three distinct …show more content…
Breach of the peace

Section 38 of the Act was desgined I itself to combat the amount of offences that would fall under Breach of the peace as Breach of the Peace is:— a crime at common law which was defined in Smith v Donnelly 2001 SLT 1007, Lord Coulsfield finally stated that, in the view of the High Court, it is “clear that what is required to constitute the crime is conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community”[12]

In This case Mr Baig could fall under the actus reus and mens rea of the crime did conduct himself in a disorderly manner and his actions could have caused alarm to ordinary people by shouting to the public howver again they could rely on the defence Kinnaird v Higson 2001 SCCR 427[13] is an example of a case in which swearing at a police officer and attempting to walk away twice when

told to remain was held not to constitute a breach of the peace. Also the case of Smith v Paterson“severe enough to cause alarm to ordinary people” test and the “threatening serious disturbance to the community test”. Satisfying one or the other of these is not sufficient .Could Mr Baigs actions be shown to cause serious damage with the public elemnt you have the case of Bowes v McGowan 2010 JC 297[14] held that travelling in a taxi along public roads met the necessary test.Is this screathing the test a little far or do the judges determine the facts on a case by case

Related Documents

  • Improved Essays

    I. Incitement of imminent violence The first issue is what constitutional argument could be made against Tax’s conviction under the Sedition Statute. Under the US constitution First Amendment, laws that limit freedom of speech are unconstitutional. However, certain types of unprotected speeches that advocate violence, fighting words, hostile audience speech, obscene speech and defamatory speeches can be regulated. Fighting words is a speech that is more than annoying or offensive and causes a genuine likelihood of imminent violence by hostile audience. The speech must advocate illegal conduct, not just an abstract.…

    • 503 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Police Charter Violations

    • 1024 Words
    • 4 Pages

    265. Nonetheless, the officer made a judgement call, which is a subjected to bias, that violated the section 8 Charter rights of the accused to seize evidence that substantiated the trafficking charge R v Collins [1987] 1 S.C.R. 265. The allowance of police misconduct without accountability to perform search and seizures sends the wrong message about the criminal justice system (Allen,…

    • 1024 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    R V Askov Case Study

    • 332 Words
    • 2 Pages

    Askov and his friends successfully argued that the criminal charges against them should be stayed on the grounds that their trial had been unreasonably delayed contrary to the Charter’s guarantee under Section 11. The Supreme Court disagreed with the Court of Appeal of Ontario, saying that they found the delays were unreasonable and directed a stay of proceedings against the appellants. This resulted in thousands of criminal charges being stayed, and served as a wake up call to the Crown that due to the serious ramifications of a criminal charge on the life of an accused, charges must be dealt with and decided quickly and expediently. (http://www.chartercases.com/r-v-askov-1990-2-s-c-r-1199/)…

    • 332 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    This essay about the case of Baig v Harvie [2015]. The case concerns an appeal from a man who was previously convicted under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 for abusive and threatening behaviour directed towards two parking attendants. The appellant’s appeal centres on the fact that his improper conduct was only verbal and that he had not been proven to have caused fear or alarm to the attendants. This essay will explain the terms of section 38, how they apply to the facts of this case and discuss some issues with the defence laid out in Subsection 2. It will also critique the defences provided by Baig and explain why the decision was correctly upheld.…

    • 909 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The implementation of the Vicious Lawless Associate Disestablishment (VLAD) Act in 2013 saw the execution of strong mandatory sentences for those identified as vicious lawless associates who have participated in declared offences . While these laws are aimed at increasing public protection and safety through the disestablishment of criminal gangs, it is argued that VLAD act violates the rights of certain associations throughout Queensland whilst also disregarding principles of the Rule of Law . Definition of a Vicious Lawless Associate Under Section 5 (1) of the VLAD Act, a person needs to satisfy three elements in order to be considered a vicious lawless associate. These include if the person (a) commits a declared offence and; (b) at the…

    • 1382 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Rule 404 Case Study

    • 1094 Words
    • 5 Pages

    Masters' rebuttal testimony reporting Storm's statement about the Reds game: Rule 403 – Excluding Relevant, Evidence for Prejudice, Confusing, Waste of Time or Other Reasons. Confusing Issues, misleading the jury, needlessly presenting cumulative evidence. Rule 602 – Need for Personal Knowledge – The first basic element that is required of a witness is personal knowledge is what Masters is testifying about that Storm has conflicting information on where he was on the night of the fire. Use of Prior Statements Rule 608(b)(1) This rule can be applied here because it strongly suggests that Storm's untruthful character because he says he couldn't be in Akron, because in one instance he was in Cleveland and the other he was in Cincinnati. His statement is inconsistent where his truthfulness is largely in question.…

    • 1094 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    One of the key arguments of the Crown is that Mr Blyton’s state of mind was not reasonable and as he has several different accounts of the day of the homicide, it must be proven beyond reasonable doubt that self-defence is not an appropriate defence and should be excluded. Self-defence is a defence against an attempted use of violence against an individual. A defendant who wishes to claim self-defence must prove that it was justified, and there must be an evidentiary burden that proves sufficiently that there was force from another, which made it reasonably necessary to use defence against possible injury. Section 271 of the Criminal Code of Queensland addresses the matter of self-defence. Section 271 (1) establishes the general defence of “self-defence”; in circumstances where force has been deemed “reasonably necessary” to prevent assault or injury.…

    • 1530 Words
    • 6 Pages
    Great Essays
  • Decent Essays

    From this crime, another can see how, with the disregard for the outcomes, that could happen from this and also the way that had they both had outcomes that were unforeseeable to almost anyone. That is why Ball should still be guilty of involuntary manslaughter. Another case would be the one of Commonwealth v. Nunn; with this case Edward Nunn was convicted of Involuntary Manslaughter, possessing instruments of crimes, aggravated assault, and disorderly conduct. COMMONWEALTH v. NUNN 947 A.2d 756 (PA Super. 2008).…

    • 843 Words
    • 4 Pages
    Decent Essays
  • Superior Essays

    Revenge is almost always emotionally driven and produced by anger, outrage and vindictiveness, and while it is only natural to feel outraged and disgusted by such heinous and violent crimes, it is incredibly dangerous to allow such emotions to govern our legal response to crime as our emotions often blind us and lead to make decisions that have not been logically thought through. In contrast, justice, by definition, is intended to be the rational, objective and fair treatment of others. By this definition revenge cannot be synonymous with justice and it is clear there is a notable difference between the two. Revenge is an impulsive, emotionally driven and a damaging response to a wrong received. In order for there to be true justice, a punishment must be decided upon logically, unbiasedly, and unemotionally.…

    • 1554 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    I have chosen police brutality as my topic to see if it is based on racism. Police brutality is the intentional use of excessive force against human beings. There are different types of police brutality such as excessive force, false arrest, malicious prosecution, unreasonable search and rights of pre-trial detainees. Excessive force is a metaphor that experts indicate that it’s any force beyond what’s necessary to arrest a suspect and keep police and bystanders safe. False arrest is where a plaintiff claims he or she was held in custody without probable cause, or without an order issued by a court of competent jurisdiction.…

    • 1640 Words
    • 7 Pages
    Superior Essays