R. v. Arbeau, (1968) 1 N.B.R.(2d) 110 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 13, 1968
• Jurisdiction: New Brunswick
• Citations: (1968), 1 N.B.R.(2d) 110 (CA)

R. v. Arbeau (1968), 1 N.B.R.(2d) 110 (CA);

    1 R.N.-B.(2e) 110

MLB headnote and full text

Sommaire et texte intégral

Arbeau v. The Queen

Indexed As: R. v. Arbeau

Répertorié: R. v. Arbeau

New Brunswick Court of Appeal

Bridges, C.J.N.B., Limerick and Hughes, JJ.A.

November 13, 1968.

Summary:

Résumé:

The New Brunswick Court of Appeal found that trial judge misdirected himself on question of recent possession and held that it was his duty to apply his mind to the question as to whether the explanation of the accused might reasonably be true and not whether he was convinced that the explanation of the accused was the true explanation.

The New Brunswick Court of Appeal stated that on cross-examination of an accused that questions with respect to an inculpatory statement should not be permitted unless there is proof that the statement was made voluntarily.

Criminal Law - Topic 1871

Offences against property - Possession of stolen goods - Evidence and proof - Explanation by accused - Burden of proof - Recent possession of stolen money - Explanation offered by accused - Whether trial judge must be satisfied that explanation is true or that explanation might be true in circumstances (New Brunswick Court of Appeal).

Criminal Law - Topic 5433

Evidence and witnesses - Cross-examination of accused - Respecting inculpatory statements - Whether question to accused about inculpatory statements may be put without proof that statements were made voluntarily (New Brunswick Court of Appeal).

Cases Noticed:

Richler v. The King, [1939] S.C.R. 101, folld.

Ungaro v. The King, [1950] S.C.R. 430, folld.

Rex v. Wilmot (1940), 74 C.C.C. 1, refd to.

Rex v. Byers (1942), 77 C.C.C. 164, refd to.

The King v. Donnelly (1947), 20 M.P.R. 7, refd to.

Counsel:

Ronald Ashfield, for appellant;

E.D. Westhaver, for the Crown.

Appeal from conviction of possession of stolen money.

The judgment of the Court was delivered by Bridges, C.J.N.B.