R. v. Scribner, [1968] N.B. Law News No. 31 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Ritchie, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 06, 1968
• Jurisdiction: New Brunswick
• Citations: [1968] N.B. Law News No. 31 (CA)

R. v. Scribner, [1968] N.B. Law News No. 31 (CA)

MLB Law News

Scribner v. The Queen

Indexed As: R. v. Scribner

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Limerick and Ritchie, JJ.A.

March 6, 1968.

Summary:

Criminal Code - sec. 73 - Appeal allowed and conviction for violation of section 73(1) of C.C.C. set aside. Court held Crown failed to prove accused intended to take actual possession of the premises which is an essential ingredient of the offence of forceable entry. R. v. Pike, 1898, 2 C.C.C. at 314 (Man.); R. v. Gordon, 1947, 3 C.R. 26 (B.C.C.A.).

Counsel:

R.E. Logan, for the appellant/accused;

R.B. MacAulay, for the Crown.

This appeal was heard before Bridges, C.J.N.B., Limerick and Ritchie, JJ.A., of the New Brunswick Supreme Court, Appeal Division, who delivered the following decision on March 6, 1968.