The sheriff stated a case, asking whether there had been sufficient corroborative evidence of a theft to found a conviction. A carer was accused of theft from a client.
Held: The opinion of a family member that there had been more money in the drawer before the alleged incident was insufficient: ‘Mr X’s evidence that there was money in the drawer, and that some of that money was missing on his return at 11.55 am, required to be corroborated. Corroboration might have taken the form of supporting evidence from his daughter. But no such corroborative evidence was lead. On that basis alone, particularly bearing in mind the authorities – McDonald v Heron 1966 SLT 61 and Stewart v Hamilton 1996 SCCR 494 – there was no corroboration of an essential fact in the circumstances of this case.’
Judges:
Lady Paton
Citations:
[2014] ScotHC HCJAC – 68
Links:
Jurisdiction:
Scotland
Crime
Updated: 23 August 2022; Ref: scu.533867
