John Wishart Coon Cook v. Her Majesty's Advocate [2006] HCJAC 82

On 11 February 2005, at Stirlin Sheriff Court, the appellant was convicted of two charges:- "(001) on 09 April 2003, you did break into the dwellinghouse owned by [the complainers] at Lochend House, Port Of Menteith, Stirling and steal a video camera, a camera, a quantity of jewellery, a jewellery box, a handbag, a cheque book, a spectacles cleaning cloth, a key ring, a driving licence, a watch, a pot, a ring box, cufflinks, a pair of sunglasses and a set of car keys and (002) on 09 April at Lochend House, Port Of Menteith, Stirling, you did steal motor vehicle registered number N1 NRN ". The appellant put forward three grounds of appeal: (1) that the Sheriff should have given the jury some guidance on how they should approach a material discrepancy in the evidence, (2) that the evidence of the finding of the appellant's fingerprints on the door was not, it was submitted, sufficient to entitle the jury to convict of either charge and (3) that the Sheriff erred in the directions that he gave the jury on the doctrine of recent possession.