HTMQ v. Wilder

HTMQ v. Wilder

Crown failed to prove beyond a reasonable doubt that the accused knew the Form C was forged and knowingly caused it to be used; credible evidence that the accused and his wife believed Enchant was part of the Wilder group created reasonable doubt, requiring an acquittal.

Source-derived case information.

Citation
2000 BCSC 377
Parties
Crown: Her Majesty the Queen; Accused: Dara Maxwell Wilder
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 March 2000
Procedural Posture
Criminal / Trial (judgment)
Outcome
Not guilty (acquitted)
Legal Topics
Forgery, Uttering, Land Title Registration, Burden of Proof, Credibility
Source Language
english
Criminal Law Property Law Evidence Law Forgery Uttering Land Title Registration Burden of Proof Credibility

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Parties

Her Majesty the Queen

Crown

Dara Maxwell Wilder

Accused

Procedural Posture

Criminal / Trial (judgment)

Legal Issues

  1. 1 Whether the Form C - General Instrument was a forged document
  2. 2 Whether the accused knew the document was forged when he caused it to be used or registered contrary to s.368(1)(b) Criminal Code
  3. 3 Whether the Crown proved knowledge and intent beyond a reasonable doubt

Ratio Decidendi

Crown failed to prove beyond a reasonable doubt that the accused knew the Form C was forged and knowingly caused it to be used; credible evidence that the accused and his wife believed Enchant was part of the Wilder group created reasonable doubt, requiring an acquittal.

Court Disposition

Not guilty (acquitted)

Orders

  • Accused Dara Maxwell Wilder found not guilty of the offence contrary to s.368(1)(b) of the Criminal Code
  • Preliminary inquiry testimony of Mr. Westmore admitted pursuant to s.715(1) Criminal Code