R. v. Geddes, (1979) 2 Man.R.(2d) 339 (CA)

JudgeMonnin, Hall and Huband, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateDecember 11, 1979
JurisdictionManitoba
Citations(1979), 2 Man.R.(2d) 339 (CA)

R. v. Geddes (1979), 2 Man.R.(2d) 339 (CA)

MLB headnote and full text

R. v. Geddes

Indexed As: R. v. Geddes

Manitoba Court of Appeal

Monnin, Hall and Huband, JJ.A.

December 11, 1979.

Summary:

This case arose out of a charge of fraud against the accused. The accused was a motorcycle dealer who, in the context in the failure of his business, defrauded the complainant and several other people. The accused was convicted before a judge and jury and was sentenced to two years plus one day imprisonment, concurrent to other sentences which the accused was serving. The accused appealed from sentence and conviction on the grounds that the trial judge erred in permitting improper questions to be put to the accused on cross-examination and in failing to adequately put the theory of the defence to the jury.

The Manitoba Court of Appeal dismissed the accused's appeal from conviction, but reduced his sentence for technical reasons relating to calculating the service of concurrent sentences imposed at different times. The Court of Appeal held that, although the trial judge permitted improper questions to be put to the jury, the evidence against the accused was so overwhelming that no substantial wrong or miscarriage of justice occurred - see paragraphs 1 to 35 and 40.

Monnin, J.A., dissenting in part, was of the opinion that the accused's sentence should not be adjusted - see paragraph 41.

Criminal Law - Topic 4357

Procedure - Charge or directions to jury - Defence and theory of defence - The accused appealed from his conviction before a judge and jury on the ground that the trial judge failed to adequately put the theory of the defence to the jury - The Manitoba Court of Appeal dismissed the appeal, because what the accused submitted that the trial judge should have told the jury was far-fetched, noting in any event that counsel for the accused did not complain about the charge to the jury at trial - See paragraphs 16 to 19.

Criminal Law - Topic 5039

Appeals - Indictable offences - Dismissal of appeal if error resulted in no miscarriage of justice - Effect of error by trial judge - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 613(1)(b)(iii) - At the trial of the accused on a charge of fraud before a judge and jury the judge permitted improper questions to be asked of the accused on cross-examination - The accused appealed from his conviction - The Manitoba Court of Appeal dismissed the appeal and held that, although the questions were improper, the evidence against the accused was so overwhelming that no substantial wrong or miscarriage of justice resulted from the questions - See paragraphs 34 to 35 and 40.

Criminal Law - Topic 5859

Sentence - Fraud - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 338(1) - The accused motorcycle dealer was convicted of defrauding a customer of approximately $5,000.00 - The customer paid the money to obtain a motorcycle, but the accused failed to obtain the motorcycle and misappropriated the money - The offence occurred in the context of the failure of the accused's business and he was convicted of seven other fraud charges and three of theft respecting other people - He had four previous convictions for obtaining by false pretences and six other unrelated convictions - The Manitoba Court of Appeal held that a sentence of two years less a day was an appropriate sentence, but reduced his sentence for technical reasons relating to calculating the service of concurrent sentences imposed at different times - See paragraphs 36 to 41.

Evidence - Topic 4735

Examination of witnesses - Impeaching credit - Questions respecting previous convictions - General - The Manitoba Court of Appeal generally discussed the cross-examination of the accused on prior criminal convictions - See paragraphs 20 to 32.

Evidence - Topic 4738

Examination of witnesses - Impeaching credit - Questions respecting previous convictions - Scope of examination - Canada Evidence Act, R.S.C. 1970, c. E-10, s. 12 - The accused motorcycle dealer was charged with defrauding a customer - The offence arose out of the failure of the accused's business and he had already been convicted of seven charges of fraud and three of theft at around the same time - At the accused's trial the Crown cross-examined the accused on his other convictions, but then went on to ask him if he testified at his other trials and if he had told the truth - The Manitoba Court of Appeal held that the last questions, which went beyond the matter of the accused's prior convictions, were improper and beyond the scope of permissible cross-examination on prior convictions under s. 12 of the Canada Evidence Act - See paragraphs 20 to 32.

Cases Noticed:

Makin v. A.G. New South Wales, [1894] A.C. 57, appld. [para. 28].

Statutes Noticed:

Evidence Act, R.S.C. 1970, c. E-10, sect. 12 [para. 26].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 338(1) [para. 1]; sect. 613(1)(b)(iii) [para. 35].

Authors and Works Noticed:

Teed, Eric L., Article Respecting Cross Examination of Accused on Previous Criminal Record (1970-71), 13 Crim. L.Q. 70 [para. 27].

Counsel:

J.G. Dangerfield, for the informant/respondent;

D.C.H. McCaffrey, Q.C., and G. Mitchell, for the accused/appellant.

This case was heard on November 8, 1979, at Winnipeg, Manitoba, before MONNIN, HALL and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On December 11, 1979, the judgment of the Court of Appeal was delivered and the following opinions were filed:

HUBAND, J.A. - see paragraphs 1 to 39;

MONNIN, J.A., dissenting in part - see paragraphs 40 to 41.

HALL, J.A., concurred with HUBAND, J.A.

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13 practice notes
  • R. v. Currie (E.R.), 2008 ABCA 374
    • Canada
    • Court of Appeal (Alberta)
    • November 6, 2008
    ...90 C.C.C.(3d) 268 (C.A.), leave to appeal denied (1994), 180 N.R. 399; 82 O.A.C. 400 (S.C.C.), refd to. [para. 33]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. 33]. R. v. Thomas (A.F.), [1998] 3 S.C.R. 535; 233 N.R. 266; 115 B.C.A.C. 161; 189 W.A.C. 161,......
  • R. v. Corbett, (1988) 85 N.R. 81 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • May 26, 1988
    ...(1982), 641 P.2d 728 (Wash. Ct. App.), refd to. [para. 47]. R. v. Laurier (1983), 1 O.A.C. 128, refd to. [para. 48]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. 48]. R. v. Waite (1980), 42 N.S.R.(2d) 546; 77 A.P.R. 546; 57 C.C.C.(2d) 34 (C.A.), refd to. ......
  • R. v. Théroux (R.), (1993) 151 N.R. 104 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • April 8, 1993
    ...(Qué. C.A.), refd to. [para. 15]. R. v. Hansen (1983), 43 A.R. 311; 25 Alta. L.R.(2d) 193 (C.A.), refd to. [para. 15]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. R. v. Currie; R. v. Bruce (1984), 5 O.A.C. 280 (C.A.), refd to. [para. 15]. Welham v. Direc......
  • R. v. Zlatic (Z.), (1993) 151 N.R. 81 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • April 8, 1993
    ...(Que. C.A.), refd to. [para. 17]. R. v. Hansen (1983), 43 A.R. 311; 25 Alta. L.R.(2d) 193 (C.A.), refd to. [para. 17]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. R. v. Currie; R. v. Bruce (1984), 5 O.A.C. 280 (C.A.), refd to. [para. 17]. R. v. Kirkwood ......
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13 cases
  • R. v. Currie (E.R.), 2008 ABCA 374
    • Canada
    • Court of Appeal (Alberta)
    • November 6, 2008
    ...90 C.C.C.(3d) 268 (C.A.), leave to appeal denied (1994), 180 N.R. 399; 82 O.A.C. 400 (S.C.C.), refd to. [para. 33]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. 33]. R. v. Thomas (A.F.), [1998] 3 S.C.R. 535; 233 N.R. 266; 115 B.C.A.C. 161; 189 W.A.C. 161,......
  • R. v. Corbett, (1988) 85 N.R. 81 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • May 26, 1988
    ...(1982), 641 P.2d 728 (Wash. Ct. App.), refd to. [para. 47]. R. v. Laurier (1983), 1 O.A.C. 128, refd to. [para. 48]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. 48]. R. v. Waite (1980), 42 N.S.R.(2d) 546; 77 A.P.R. 546; 57 C.C.C.(2d) 34 (C.A.), refd to. ......
  • R. v. Théroux (R.), (1993) 151 N.R. 104 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • April 8, 1993
    ...(Qué. C.A.), refd to. [para. 15]. R. v. Hansen (1983), 43 A.R. 311; 25 Alta. L.R.(2d) 193 (C.A.), refd to. [para. 15]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. R. v. Currie; R. v. Bruce (1984), 5 O.A.C. 280 (C.A.), refd to. [para. 15]. Welham v. Direc......
  • R. v. Zlatic (Z.), (1993) 151 N.R. 81 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • April 8, 1993
    ...(Que. C.A.), refd to. [para. 17]. R. v. Hansen (1983), 43 A.R. 311; 25 Alta. L.R.(2d) 193 (C.A.), refd to. [para. 17]. R. v. Geddes (1979), 2 Man.R.(2d) 339; 52 C.C.C.(2d) 230 (C.A.), refd to. [para. R. v. Currie; R. v. Bruce (1984), 5 O.A.C. 280 (C.A.), refd to. [para. 17]. R. v. Kirkwood ......
  • Request a trial to view additional results

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