Levy & McRae Conviction for Off Duty Assault Overturned by Appeal Court
Conviction for Off-Duty Assault Overturned by Appeal Court
The Appeal Court has overturned the conviction of a police officer convicted of an off-duty assault. The complainer had for no apparent reason verbally abused the accused inside a licensed premises. The complainer then assaulted the accused outside the pub by punching him on the face. The complainer and the accused were separated and the complainer continued to hurl verbal abuse at the accused. The accused walked towards the complainer and they ended up grabbing each other and punches were exchanged.
The Sheriff rejected that the accused had acted in self defence and accepted the evidence of the complainer that he had been kicked by the accused on the face. The Appeal Court found there was “no indication by the Sheriff of the basis upon which he rejected the self defence”. The appeal court considered that the complainer had made statements to police officers investigating the incident that were inconsistent with his evidence in Court. The Appeal Court found that the Sheriff had erred in convicting the accused and quashed the conviction.
Link to the Opinion of the Appeal Court - http://www.scotcourts.gov.uk/opinions/2012HCJAC67.html.