R. v. Madsen, (1980) 2 Man.R.(2d) 420 (CA)

• Judge: Freedman, Monnin and Matas, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: March 26, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 2 Man.R.(2d) 420 (CA)

R. v. Madsen (1980), 2 Man.R.(2d) 420 (CA)

MLB headnote and full text

R. v. Madsen

Indexed As: R. v. Madsen

Manitoba Court of Appeal

Freedman, Monnin and Matas, JJ.A.

March 26, 1980.

Summary:

This headnote contains no summary.

Evidence - Topic 1597

Hearsay rule - Exceptions - Business records - Police records - The accused was convicted in 1979 of the possession of a stolen air compressor in 1976 - The accused was convicted on the basis of the doctrine of recent possession - At trial the owner of the compressor could not remember whether it was stolen in October, 1974, or October, 1975 - A statement of the accused was put into evidence on which the police noted as an introduction that the compressor was stolen in December, 1975, which the investigating officer testified he was told by the owner in September, 1978 - The trial judge accepted the statement of the date of theft on the accused's statement as sufficient to ground the doctrine of recent possession - The Manitoba Court of Appeal set aside the conviction of the accused, because the statement of the date of theft was hearsay and was not a police record for the purpose of admitting it as an exception to the hearsay rule.

Cases Noticed:

Ares v. Venner (1971), 14 D.L.R.(3d) 4, consd. [para. 10].

Myers v. D.P.P., [1965] A.C. 1001 (H.L.), refd to. [para. 12].

Authors and Works Noticed:

Wigmore on Evidence (Chadbourn Rev. 1974), vol. 5, p. 253 [para. 11].

Counsel:

M.J. Watson, for the accused/appellant;

S.J. Whitley, for the respondent.

This case was heard on February 21, 1980, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN and MATAS, JJ.A., of the Manitoba Court of Appeal.

On March 26, 1980, MATAS, J.A., delivered the following judgment for the Court of Appeal: