R. v. Bennett
The court found identification of the items proven but held that the doctrine of recent possession did not permit an inference of guilty knowledge because the accused provided an explanation that could reasonably be true and there was no independent evidence of knowledge or wilful blindness; accordingly the accused was acquitted on all counts.
- Citation
- 2014 NSSC 104
- Parties
- Crown: Her Majesty the Queen; Accused: Robert Francis Bennett
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 17 March 2014
- Procedural Posture
- Criminal / Trial Judgment (trial Without Jury)
- Outcome
- Accused found not guilty on all counts in the indictment
- Legal Topics
- Possession of Stolen Property, Doctrine of Recent Possession, Wilful Blindness, Identification, Confessions and Statements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Robert Francis Bennett
Accused
Procedural Posture
Criminal / Trial Judgment (trial Without Jury)
Legal Issues
- 1 Identification of recovered items
- 2 Whether guilty knowledge can be inferred from recent possession
- 3 Whether doctrine of wilful blindness applies
Ratio Decidendi
The court found identification of the items proven but held that the doctrine of recent possession did not permit an inference of guilty knowledge because the accused provided an explanation that could reasonably be true and there was no independent evidence of knowledge or wilful blindness; accordingly the accused was acquitted on all counts.
Court Disposition
Accused found not guilty on all counts in the indictment
Orders
- Accused acquitted on all counts
Full Case Text
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