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What Is The Case Of Baig V Liz Case Brief

901 Words4 Pages

The case of Baig v Harvie 2016 SLT 67; 2016 SCL 108 is an appeal case for behaving in a threatening or abusive manner in relation to the Criminal Justice and Licensing (Scotland) Act 2010 s.38(1) , the appeal was refused as the sheriff had been entitled on the findings in fact that the statutory requirements for the offence had been met. A. The Facts– Mr Baig appealed stated case against conviction for behaving in a threatening or abusive manner, contrary to the Criminal Justice and Licensing (Scotland) Act 2010 s.38(1). Mr Baig along with his brother (C) had an altercation with two parking attendants (P) after P had issued Mr Baig with a penalty charge notice, B then approached P, had been aggressive, confrontational and verbally abusive and had then proceeded to follow them as …show more content…

Section 38 – Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 s.38(1) states that a person commits an offence if (a) they behave in a threatening or abusive manner, the threatening or abusive manner in question within this case is the behaviour displayed by Mr Baig towards the parking attendant, this holds relevance to the actus of reus of Mr Baig as did behave in such a manner as to cause fear to the parking attendants, this fear coincides with another rule stated under Section 38 of the CJLSA 2010 which is (b) the behaviour would be likely to cause a reasonable person to suffer fear or alarm, the behaviour ( actus reus) shown by Mr Baig as previously stated was enough to cause fear and extreme discomfort. (c) which is intending by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm relates as the mens rea of Mr Baig within case was his recklessness in not ensuring his behaviour would cause (P) considerable alarm and distress. The main crux under section 38 is that all that was needed to commit the offence was the fear and distress felt by (P), unlike breach of the peace it need not be a public

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