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The Court of Appeal upheld most convictions for counterfeit-money offences and fraud, finding the verdict reasonable, but stayed Count 1 under Kienapple.
Majority held that, applying settled law on constructive possession, a reasonable trier of fact could infer the requisite measure of control and consent from the combined circumstances (residence at premises where counterfeiting operation occurred, knowledge of the operation, use of some equipment, failure to notify authorities and flight at arrest), and appellate court must defer to such reasonable inferences; accordingly the convictions for possession were upheld.
Source excerpt
The Court of Appeal upheld Douglas Lawrence Leighton’s conviction for possession of counterfeit money, finding the continuity of the seized bills was proved and the trial judge did not speculate.
The Supreme Court of Canada held that intention to use counterfeit money as currency is not an element of the offence of possession under s. 408 of the Criminal Code.
The Supreme Court of Canada dismissed Robinson’s appeal in a counterfeit-money case, holding the coins were counterfeit and the accused had not proved lawful justification or excuse.
The Supreme Court of Canada ordered a new trial after finding Crown counsel’s jury address relied on prejudicial facts not in evidence and denied fairness.
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