hardship was established.
result in your children's education being affected (Bruce v Procurator
Fiscal Dundee XJ162/11; LW v Procurator Fiscal 2012, unreported).
Thus, for example, if the outcome is that your children could no
longer attend the private school in which they are settled or will be
unable to take up or continue their university course because you
are unable to assist with their fees, then exceptional hardship may
be made out (Bruce, supra).
the actions of the accused are the reason that the family home is at
risk and the accused must accept the consequences of his actions
as the author of his own misfortune (Clumpas v Ingram, 1991 SCCR
223). However, in view of more recent authority, it is submitted
that the decisions in cases such as Clumpas should be read narrowly.
In particular, it should also be pointed out that, in all instances, the
court should take the current economic climate into account when
making its decision (Mugazerenza v Procurator Fiscal, unreported). In
considering the decision in Mugazerenza, the High Court has now
made clear that the decision should be viewed broadly. Thus,
where the current economic climate means that there would be
difficulties in finding alternative employment, the loss of
employment and the subsequent risk to the family home should be
viewed as exceptional hardship (MacIvor v Procurator Fiscal,
XJ1427/10).