R. v. Farewell, (1976) 11 Nfld. & P.E.I.R. 518 (NFCA)

• Judge: Furlong, C.J.N., Morgan and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: October 15, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 11 Nfld. & P.E.I.R. 518 (NFCA)

R. v. Farewell (1976), 11 Nfld. & P.E.I.R. 518 (NFCA);

    22 A.P.R. 518

MLB headnote and full text

R. v. Farewell

Indexed As: R. v. Farewell

Newfoundland Supreme Court

Court of Appeal

Furlong, C.J.N., Morgan and Gushue, JJ.A.

October 15, 1976.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1843

Offences against rights of property - Possession of stolen goods - Essential elements - Requirement that goods be stolen or obtained by crime - Criminal Code of Canada, R.S.C. 1970, c. C- 34, s. 312(1)(a) - Goods were found in the accused's home, which were part of the stock of a grocery store - Similar goods had recently been stolen from the store but the owner was unable to say whether the goods found in the accused's home had been part of those stolen - The Newfoundland Court of Appeal affirmed the acquittal of the accused on a charge of possession of stolen goods, because it had not been proved that the goods were stolen.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 312 (1)(a).

Counsel:

Robert Hyslop, for the appellant;

Donald MacBeath, for the respondent.

This case was heard at St. John's, Newfoundland, before FURLONG, C.J.N, MORGAN and GUSHUE, JJ.A., of the Newfoundland Supreme Court, Court of Appeal.

On October 15, 1976, FURLONG, C.J.N., delivered the following judgment of the Court of Appeal: