Young v. Heatley, 1959 JC 66
Citation: Young v. Heatley, 1959 JC 66
Rule of thumb: Is breach of the peace a strict liability crime? No, breach of the peace is very much fact dependent & must show excessive alarm or annoyance to the surrounding people.
Judgment:
– ‘... it is largely a matter of circumstances and degree... "It follows therefore that it is not essential for the constitution of this crime that witnesses should be produced who speak to being alarmed or annoyed. At the same time, however, I consider that a very special case requires to be made out by the prosecution if a conviction for breach of the peace is to follow in the absence of such evidence of alarm or annoyance. For then the nature of the conduct giving rise to the offence must be so flagrant as to entitle the court to draw the necessary inference from the conduct itself’, Lord Justice General Clyde, at 70
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