Carson v McGlennan
| Jurisdiction | Scotland |
| Judgment Date | 07 April 2000 |
| Neutral Citation | 2000 SCCR 631 |
| Docket Number | No 69 |
| Date | 07 April 2000 |
| Court | High Court of Justiciary |
JC
LJ-G Rodger, Lord Reed and Lord Weir
Evidence—Corroboration—Pannel admitting to police that he stole a purse containing £17.50—Complainer's evidence that purse contained not less than £125—Whether complainer's evidence of sum stolen corroborated by pannel's admission
A pannel was charged on a summary complaint with theft of a purse containing £140. The complainer gave evidence that her purse had contained not less than £125 and the Crown led evidence of the pannel's admission to the police that he had stolen the purse and the money inside it amounting to £17.50. The sheriff (T F Russell) convicted the pannel of stealing the purse containing “at least £125”. The pannel thereafter appealed to the High Court of Justiciary by stated case on the ground that there was insufficient evidence of the actual sum of money stolen.
Held (1) that while the pannel's admission confirmed the complainer's evidence by showing that her purse with a sum of money in it had been stolen, it did not confirm or support her evidence that the sum stolen was at least £125 (p 581F); and (2) that as the parties accepted that it was competent for the High Court on an appeal to substitute a verdict specifying a lesser sum of money, the verdict should be quashed and the pannel found guilty of stealing a purse containing at least £17.50 (p 581H); and appeal allowedaccordingly.
Smith v LeesSC 1997 JC 73 applied.
Darren Brian Carson was charged in the sheriffdom of South Strathclyde, Dumfries and Galloway at Kilmarnock on a summary complaint at the instance of John G M McGlennan, procurator fiscal there, the libel of which set forth the following charge: “On 18 March 1998, at Warrenpark Nursing Home, 2 Anthony Court, Largs, you did steal a purse containing £140.”
The cause came to trial before the sheriff (T F Russell) who, on 30 March 1999, found the pannel guilty as libelled on the basis that the purse had contained “at least £125”.
The pannel thereafter appealed by way of stated case to the High Court of Justiciary.
Case referred to:
Smith v LeesSC 1997 JC 73
The cause called before the High Court of Justiciary, comprising the Lord Justice-General (Rodger), Lord Reed and Lord Weir, for a hearing on 24 February 2000.
At advising, on 7 April 2000, the opinion of the court was delivered by the Lord Justice-General (Rodger).
Opinion of the Court—The appellant is Darren Brian Carson who stood trial in the sheriff court at Kilmarnock on a...
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