R. v. Barnes, (1972) 3 Nfld. & P.E.I.R. 452 (NFCA)

• Judge: Furlong, C.J. and Higgins, J.
• Court: Court of Appeal (Newfoundland)
• Case Date: November 03, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 452 (NFCA)

R. v. Barnes (1972), 3 Nfld. & P.E.I.R. 452 (NFCA)

MLB headnote and full text

R. v. Barnes

Indexed As: R. v. Barnes

Newfoundland Supreme Court

On Appeal

Furlong, C.J. and Higgins, J.

November 3, 1972.

Summary:

This appeal from conviction and sentence by the accused arose from a charge of theft of a snowmobile. The accused dealer had a customer's snowmobile in his possession for the purpose of sale. The accused gave the snowmobile to another customer to replace a defective machine. The customer kept the machine for over two months in good faith before it was recovered by the police. The Magistrate convicted the accused under s. 294(a) of the Criminal Code and imposed a sentence of six months imprisonment. The appeal court dismissed the accused's appeal from conviction and allowed the accused's appeal from sentence.

The appeal court held that the facts supported the conviction. The appeal court stated that it was no excuse that the accused lent the snowmobile to the customer in order to promote a sale for the owner.

Criminal Law - Topic 1641

Offences against property - Theft defined - Charge of theft under s. 294(a) of Criminal Code - Accused dealer had possession of customer's snowmobile for purpose of sale - Accused gave snowmobile to another customer as replacement for defective machine - Newfoundland Court of Appeal held accused properly convicted.

Criminal Law - Topic 5854

Sentencing - Theft - Conviction on charge of theft contrary to s. 294(a) of Criminal Code - Newfoundland Court of Appeal reduced the sentence of the accused from six months to one month imprisonment.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 283(1)(a), sect. 294(a).

Counsel:

Bruce Winsor, for the Queen;

John Green, for the appellant.