R. v. Tetreault, (1980) 5 Man.R.(2d) 241 (CoCt)

CourtProvincial Court of Manitoba (Canada)
Case DateSeptember 29, 1980
JurisdictionManitoba
Citations(1980), 5 Man.R.(2d) 241 (CoCt)

R. v. Tetreault (1980), 5 Man.R.(2d) 241 (CoCt)

MLB headnote and full text

R. v. Tetreault

Indexed As: R. v. Tetreault

Manitoba County Court

Kennedy, C.C.J.

September 29, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1646

Offences against property - Theft - Elements - Ownership of property taken - The accused was charged with stealing a box of pills from the property of "Morley Rypp", trading under the name of Shoppers Drug Mart - The only Crown witness was a security officer who testified that the pill box had the Shoppers Drug Mart store code on it and Shoppers Drug Mart was owned by "Morley Rypp Drugs Limited" - The accused was acquitted at trial on the ground that the Crown failed to prove ownership of the goods - The Crown appealed - The Manitoba County Court allowed the appeal and held that ownership was established by the officer's testimony and the contents of the information.

Cases Noticed:

R. v. Emmons, 25 W.W.R.(N.S.) 577, refd to. [para. 7].

R. v. Bagshaw, 18 S.C.R. 195, refd to. [para. 7].

Little and Wolski v. The Queen, 30 C.R.N.S. 90, refd to. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 613(4), sect. 755 [para. 14].

Counsel:

B. Kaplan, for the appellant;

J.C. Prober, for the respondent.

This case was heard by KENNEDY, C.C.J., of the Manitoba County Court.

On September 29, 1980, KENNEDY, C.C.J., delivered the following judgment:

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