R. v. Martin, (1981) 13 Sask.R. 384 (DC)

• Judge: Gerein, J.
• Case Date: June 03, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 13 Sask.R. 384 (DC)

R. v. Martin (1981), 13 Sask.R. 384 (DC)

MLB headnote and full text

R. v. Martin

(No. 54)

Indexed As: R. v. Martin

Saskatchewan District Court

Judicial Centre of Saskatoon

Gerein, J.

June 3, 1981.

Summary:

The accused was charged with possession of a credit card obtained by the commission of an offence. The trial court acquitted the accused. The Crown appealed to the Saskatchewan District Court.

The Saskatchewan District Court dismissed the appeal.

Criminal Law - Topic 1942

Offences against property - Credit cards - Obtaining a credit card by commission of an offence - The accused found a credit card on a street surface and without authority from the owner used the card - The Saskatchewan District Court affirmed that the accused was not guilty of possession of a card obtained by the commission of an offence.

Words and Phrases

Obtained - The Saskatchewan District Court discussed the meaning of the word "obtained" as found in s. 301.1(1) of the Criminal Code of Canada.

Cases Noticed:

R. v. Maroney (1974), 27 C.R.(N.S.) 185, dist. [para. 3].

R. v. MacQuarrie, [1964] 3 C.C.C. 261, dist. [para. 9].

R. v. Cote (1975), 18 C.C.C.(2d) 321, dist. [para. 9].

R. v. Stephens, [1960] O.W.N. 63, refd to. [para. 10].

R. v. Smalley, [1963] Q.D.R. 508, refd to. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 301.1(1)(c).

Counsel:

B. Stricker, for the appellant;

S. Beckie, for the respondent.

This appeal was heard by GEREIN, J., of the Saskatchewan District Court.

The judgment of GEREIN, J., was delivered at Saskatoon, Saskatchewan, on June 3, 1981.