Procurator Fiscal Kirkaldy v. Ronald Klos

Appeal by way of stated case against verdicts of not guilty which were returned by the sheriff at Kirkcaldy in respect of four charges on a complaint against the respondent. Road Traffic Offence. Although the respondents evidence that he had not been the driver of a vehicle travelling at 156 mph in a 70 zone and whilst on his mobile phone was rejected the sheriff did accept his evidence to the effect that he had not received a notice of intended prosecution in respect of certain of the alleged offences and that he had not been served with a complaint within fourteen days of their commission. These are requirements which are set out in section 1 of the Road Traffic Offenders Act 1988. The fiscal then moved the sheriff to convict the respondent on a common law charge of culpable and reckless conduct. The issue is whether paragraph 14 of Schedule 3 to the 1995 Act could permit a Road Traffic Act 1988 offence to be equiparated with a common law offence and whether the respondent was indeed guilty of culpable and reckless conduct.