Duncan v. The King

Duncan v. The King

Assuming the dissent rested on a no‑evidence ground, the Court found there was evidence upon which the Magistrate could convict; therefore the appeal was dismissed.

Source-derived case information.

Citation
[1945] SCR 748
Parties
Appellant (accused): Duncan; Respondent: The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 June 1945
Procedural Posture
Criminal Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Final Judgment Delivered
Outcome
Appeal dismissed.
Legal Topics
Theft, Conviction, Sufficiency of Evidence, Appeal, Jurisdiction
Source Language
english
Criminal Law Theft Conviction Sufficiency of Evidence Appeal Jurisdiction

Source-derived case record

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Parties

Duncan

Appellant (accused)

The King

Respondent

Procedural Posture

Criminal Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Final Judgment Delivered

Legal Issues

  1. 1 Whether there was any evidence to support the magistrate's conviction
  2. 2 Whether the Supreme Court has jurisdiction to hear an appeal founded on a claim of no evidence

Ratio Decidendi

Assuming the dissent rested on a no‑evidence ground, the Court found there was evidence upon which the Magistrate could convict; therefore the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.