Kowbel v. R.

Kowbel v. R.

Majority held that a husband and wife cannot be found guilty under s.573 of conspiring with each other alone because judicially they form one person presumed to have one will and one person cannot conspire; the common law incapacity survives and s.573 does not clearly abrogate it, so the conviction must be quashed.

Citation
[1954] SCR 498
Parties
Appellant/plaintiff: Harry Kowbel; Respondent/defendant: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1954
Procedural Posture
Criminal (conspiracy/forgery) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal allowed; conviction quashed.
Legal Topics
Conspiracy, Marital Status (conjugal Unity), Forgery, Interpretation of Criminal Code, Common Law Vs Statute
Source Language
English
Criminal Law Conspiracy Marital Status (conjugal Unity) Forgery Interpretation of Criminal Code Common Law Vs Statute

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Parties

Harry Kowbel

Appellant/plaintiff

Her Majesty The Queen

Respondent/defendant

Procedural Posture

Criminal (conspiracy/forgery) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a husband and wife can alone conspire to commit an indictable offence
  2. 2 Whether the common law doctrine of conjugal unity (spouses as one person) bars spousal conspiracy liability
  3. 3 Whether Criminal Code provisions (ss.16, 21, 573) abrogate or are inconsistent with the common law rule

Ratio Decidendi

Majority held that a husband and wife cannot be found guilty under s.573 of conspiring with each other alone because judicially they form one person presumed to have one will and one person cannot conspire; the common law incapacity survives and s.573 does not clearly abrogate it, so the conviction must be quashed.

Court Disposition

Appeal allowed; conviction quashed.

Orders

  • Appeal allowed and conviction quashed.
  • Sentence of five months' imprisonment set aside.