R. v. Singer, (1981) 9 Man.R.(2d) 135 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 31, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 9 Man.R.(2d) 135 (CoCt)

R. v. Singer (1981), 9 Man.R.(2d) 135 (CoCt)

MLB headnote and full text

R. v. Singer

Indexed As: R. v. Singer

Manitoba County Court

Philp, C.C.J.

March 31, 1981.

Summary:

This case arose out of a charge against the accused of possession of stolen goods. The accused, who operated a plumbing and heating business, was found in possession of 3,070 pounds of solder of a type only used by the C.N.R., which had lost a similar quantity.

The Manitoba County Court convicted the accused.

Criminal Law - Topic 1658

Offences against property - Thief - Evidence and proof - Proof of ownership - The Manitoba County Court held that proof of the ownership of goods alleged to have been stolen may be proved by circumstantial evidence - See paragraphs 11 to 15.

Criminal Law - Topic 5343

Evidence of witnesses - Confessions and voluntary statements - Exculpatory statements by accused - The Manitoba County Court held that exculpatory statements by an accused, which are false, may be used against the accused - See paragraphs 16 to 18.

Cases Noticed:

R. v. Little and Wolski (1975), 3 N.R. 541; 30 C.R.N.S. 90, appld. [para. 12].

R. v. McIver, [1965] 1 C.C.C. 210, appld. [para. 14].

Hodge's Case (1838), 2 Lewin 227; 168 E.R. 1136, appld. [para. 15].

Jones v. Director of Public Prosecutions, [1962] Cr. App. R. 129, appld. [para. 16].

The Samora (No. 2), [1921] 1 A.C. 801, appld. [para. 19].

Authors and Works Noticed:

Chasse, Kenneth L., Thief Without an Owner: Part II (1972), 18 C.R.N.S. 208 [para. 11].

Counsel:

B. Kaplan, for the Crown;

D. Margolis, for the accused.

This case was heard on March 31, 1981, at Winnipeg, Manitoba, before PHILP, C.C.J., of the Manitoba County Court, who delivered the following oral judgment on March 31, 1981: