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Khaliq v. Her Majesty’s Advocate

Scotland College of Justice

1983 S.C.C.R. 483 (1983)

Facts

The Scottish government (plaintiff) charged Raja Abdul Khaliq and another shopkeeper (defendants) with selling glue-sniffing kits consisting of glue and a plastic bag, tube, or tin to children between eight and 15 years old. The shopkeepers challenged the indictment arguing that selling glue to children was not a crime under Scottish law, and that a single trial judge could not create a new crime.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

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Holding and Reasoning (Avonside, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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