WILLIAM MARKLOW v. PROCURATOR FISCAL, CUMBERNAULD [2012] ScotHC HCJAC_153 (11 October 2012)

WILLIAM MARKLOW v. PROCURATOR FISCAL, CUMBERNAULD [2012] ScotHC HCJAC_153 (11 October 2012)

The evidence of Mr Thomson, corroborated by the police officers, was sufficient to establish that the copper cabling was stolen and that the appellant had guilty knowledge; the Justice of the Peace was entitled to convict on the evidence led.

Citation
[2012] ScotHC HCJAC_153
Parties
Appellant: William Marklow; Respondent: Procurator Fiscal, Cumbernauld
Jurisdiction
Scotland
Judgment Date
11 October 2012
Procedural Posture
Criminal Appeal (stated Case) / Appeal Against Conviction
Outcome
Appeal refused; conviction affirmed
Legal Topics
Reset, Corroboration, Possession of Stolen Property, Inference of Guilty Knowledge
Criminal Law Reset Corroboration Possession of Stolen Property Inference of Guilty Knowledge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

William Marklow

Appellant

Procurator Fiscal, Cumbernauld

Respondent

Procedural Posture

Criminal Appeal (stated Case) / Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient evidence to establish that the copper cabling was stolen property
  2. 2 Whether there was sufficient evidence to infer that the appellant had guilty knowledge that the property was stolen

Ratio Decidendi

The evidence of Mr Thomson, corroborated by the police officers, was sufficient to establish that the copper cabling was stolen and that the appellant had guilty knowledge; the Justice of the Peace was entitled to convict on the evidence led.

Court Disposition

Appeal refused; conviction affirmed

Orders

  • First question in the stated case answered in the negative
  • Second question in the stated case answered in the affirmative