R. v. Kingsbury

R. v. Kingsbury

The judge accepted that Kingsbury honestly believed he had a proprietary interest (colour of right) so theft mens rea was not established, but found beyond reasonable doubt that Kingsbury knowingly impersonated the owner, caused a forged work order to be used and employed deceitful means to obtain and remove the...

Source-derived case information.

Citation
2011 BCSC 639
Parties
Crown/prosecutor: Regina; Accused: Jon Donald Kingsbury
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 April 2011
Procedural Posture
Criminal (indictment) / Trial Judgment (oral Reasons)
Outcome
Acquitted on Count 1 (theft); Convicted on Counts 2 (personation), 3 (forgery), and 4 (fraud/defraud).
Legal Topics
Theft, Personation, Forgery, Fraud/defraud, Colour of Right, W.(d.) Assessment, Reasonable Doubt
Source Language
english
Criminal Law Evidence Property Law Theft Personation Forgery Fraud/defraud Colour of Right +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown/prosecutor

Jon Donald Kingsbury

Accused

Procedural Posture

Criminal (indictment) / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether the Crown proved theft beyond a reasonable doubt
  2. 2 Whether accused fraudulently personated the owner to obtain the trailer
  3. 3 Whether the accused caused a forged document to be used as genuine

Ratio Decidendi

The judge accepted that Kingsbury honestly believed he had a proprietary interest (colour of right) so theft mens rea was not established, but found beyond reasonable doubt that Kingsbury knowingly impersonated the owner, caused a forged work order to be used and employed deceitful means to obtain and remove the trailer; credibility findings and documentary/signature analysis supported convictions on personation, forgery and fraud while acquitting on theft.

Court Disposition

Acquitted on Count 1 (theft); Convicted on Counts 2 (personation), 3 (forgery), and 4 (fraud/defraud).

Orders

  • Not guilty on Count 1 (theft under s. 334(a) Criminal Code)
  • Guilty on Count 2 (fraudulent personation under s. 403(a) Criminal Code)