R. v. Roach

The accused, as superintendent authorized to collect rents, knowingly collected and converted rental monies belonging to the owners, did not act under a colour of right and did not hold an honest reasonable belief that justified retaining the funds; therefore the Crown proved beyond a reasonable doubt theft and fraud not exceeding $5,000.

Citation: 2003 NSPC 57
Parties: Crown: R.; Accused: Donna Georgina Roach
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 5 December 2003
Procedural Posture: Criminal / Trial Decision (verdict)
Outcome: Accused found guilty of theft and fraud, both not exceeding $5,000; convictions entered; conditional stay entered on possession over $5,000 charge.
Legal Topics: Theft, Fraud, Mens Rea, Colour of Right, Credibility of Evidence
Source Language: English

Criminal Law Property Law Theft Fraud Mens Rea Colour of Right Credibility of Evidence

Case Brief

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Full judgment text Legal principles 7 Authorities cited 11 Party arguments 2 Amounts and remedies 2

Parties

Crown

Donna Georgina Roach

Accused

Procedural Posture

Criminal / Trial Decision (verdict)

Legal Issues

1 Whether the accused had the requisite mens rea for theft
2 Whether the accused had the requisite mens rea for fraud
3 Whether the accused acted under a colour of right

Ratio Decidendi

Court Disposition

Accused found guilty of theft and fraud, both not exceeding $5,000; convictions entered; conditional stay entered on possession over $5,000 charge.

Orders

Convictions entered for theft not exceeding $5,000
Convictions entered for fraud not exceeding $5,000