Fitzpatrick and others v Procurator Fiscal, Kilmarnock

Criminal evidence – Admissibility/sufficiency of evidence. High Court of Justiciary: In appeals against conviction by three bus drivers who were found guilty of forming a fraudulent scheme to defraud Transport Scotland by scanning lost or stolen concessionary travel cards into electronic ticket machines, the court held that the sheriff was entitled to admit evidence of the appellants' interviews with employees of Transport Scotland, was correct in repelling their submissions of no case to answer and was entitled to convict them, but that the findings-in-fact were not sufficient to support convictions for the period 5 February 2010 to 23 November 2010, so the convictions should be restricted to the date '23 November 2010'.

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