R. v. Rose, (1977) 11 Nfld. & P.E.I.R. 464 (NFCA)

JudgeFurlong, C.J.N., Morgan and Gushue, JJ.A.
CourtNewfoundland Court of Appeal
Case DateJanuary 26, 1977
JurisdictionNewfoundland and Labrador
Citations(1977), 11 Nfld. & P.E.I.R. 464 (NFCA)

R. v. Rose (1977), 11 Nfld. & P.E.I.R. 464 (NFCA);

    22 A.P.R. 464

MLB headnote and full text

R. v. Rose

Indexed As: R. v. Rose

Newfoundland Supreme Court

Court of Appeal

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

January 26, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1658

Offences against property - Theft - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 294(b) - Evidence and proof - The accused was the Chief Clerk at a vocational school - An audit revealed that there were shortages in funds paid by the school to the Newfoundland Exchequer Account - It was suspected that the accused was not turning in funds received by the school, particularly tuition fees - The accused to the knowledge of his employer sometimes used unofficial receipts instead of the official numbered receipts issued by the Government - The accused was charged with the theft of a $25.75 fee paid by a certain student, because no official receipt was issued in the student's name and no record appeared of her enrollment - However, the student's cheque was paid into the school account and transferred to the Newfoundland Exchequer Account - The Newfoundland Court of Appeal allowed the accused's appeal from his conviction and held that, since the accused did not keep the student's tuition fee, he was not guilty of theft.

Statutes Noticed:

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

Counsel:

John Kelly, for the respondent;

Gerry O'Brien, for the appellant.

This case was heard on November 9, 1976, at St. John's, Newfoundland, before FURLONG, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Court of Appeal.

On January 26, 1977, GUSHUE, J.A., delivered the following judgment of the Court of Appeal:

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