Appeal against conviction alleging: ‘conduct yourself in a disorderly manner and did post a message which was of an offensive and threatening nature to a social network site to which the public had access and commit a breach of the peace’.’ He had made a posting on Facebook whose words incited violence.
Held: ‘The jury rejected the idea that the conduct was ‘just banter’ and not genuinely alarming and seriously disturbing etc. It follows from that, that the amendment did not change the character of the offence or the nature of the facts libelled. All that the offence consisted of, in terms of the libel in its original or amended form, was the posting of this particular message on Facebook. The question remained simply whether that amounted to a breach of the peace. The appeal against conviction is refused.’
Lord Justice Clerk, Lord Brodie, Lord Philip
[2014] ScotHC HCJAC – 73
Bailii
Scotland, Crime
Updated: 17 December 2021; Ref: scu.534364
