Fox v Paterson [1948] ScotHC HCJAC_1 (04 June 1948)

Fox v Paterson [1948] ScotHC HCJAC_1 (04 June 1948)

The conviction cannot stand because the appellant's possession was antecedent and lacked criminative circumstances; the Sheriff erred in treating the onus as shifted to the accused based solely on temporary possession and failure to accept the defence.

Citation
[1948] ScotHC HCJAC_1
Parties
Appellant: Fox; Respondent: Paterson
Jurisdiction
Scotland
Judgment Date
04 June 1948
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Reset, Presumption of Innocence, Recent Possession of Stolen Goods, Burden of Proof
Criminal Law Reset Presumption of Innocence Recent Possession of Stolen Goods Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Fox

Appellant

Paterson

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the rule of recent possession of stolen goods applies to shift the burden of proof to the accused in the absence of criminative circumstances
  2. 2 Whether the conviction for reset was justified based solely on temporary possession

Ratio Decidendi

The conviction cannot stand because the appellant's possession was antecedent and lacked criminative circumstances; the Sheriff erred in treating the onus as shifted to the accused based solely on temporary possession and failure to accept the defence.

Court Disposition

conviction quashed

Orders

  • The conviction is quashed.