Vicarious liability prosecution: Andrew Walter Bryce Duncan

scales-of-justiceA prosecution is underway against Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the criminal actions of gamekeeper William (Billy) Dick, who was recently convicted of killing a buzzard in April 2014 (see here).

Duncan, 71, of Kirkton, Dumfriesshire, is understood to manage the pheasant shoot on the Newlands Estate where Dick committed his crimes. Dick is due to be sentenced in September.

At a hearing in Dumfries Sheriff Court on Tuesday 18th August 2015, a trial date was set for Duncan (23rd November 2015) with an intermediate diet due to be heard on 20th October 2015.

Great to see the Crown Office pursuing this prosecution. We’ll follow proceedings with interest.

Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person) came in to force on 1st January 2012. To date there has only been one conviction – landowner Ninian Robert Hathorn Johnston Stewart was convicted in December 2014 of being vicariously liable for the criminal actions of Glasserton & Physgill Estates gamekeeper Peter Bell (see here).

9 Responses to “Vicarious liability prosecution: Andrew Walter Bryce Duncan”

  1. 1 michael gill
    August 20, 2015 at 12:37 pm

    excellent news … for a change

  2. 2 crypticmirror
    August 20, 2015 at 2:00 pm

    Here is hoping for a result in full accordance with the principles of natural justice and with the appropriate aftermath of the eventual result.

  3. August 20, 2015 at 2:40 pm

    Good to see real action taking place – instead of the usual empty promises – well down the Crown Office.

  4. 4 AnMac
    August 20, 2015 at 3:59 pm

    Great news for a change. Now all we need is for our new batch of wildlife crime officers to be given appropriate training (theory & practical) and to be given a mandate to go undercover and actually catch people in the act rather than the usually meally mouthed statement that we have no evidence to prosecute.

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