Duane v. The Queen, [1985] 2 S.C.R. 612
Rita Rae Duane Appellant;
and
Her Majesty The Queen Respondent.
File No.: 18719.
1985: December 18.
Present: Dickson C.J. and Beetz, McIntyre, Chouinard, Lamer Wilson and
Le Dain JJ.
on appeal from the court of appeal for alberta
Criminal law ‑‑ Possession of
counterfeit money ‑‑ Elements of offense ‑‑ Whether
intention to use the counterfeit money as currency an element of the offence ‑‑
Criminal Code, R.S.C. 1970, c. C‑34, s. 408.
Statutes and Regulations Cited
Criminal Code, R.S.C. 1970, c. C‑34, s. 408.
APPEAL from a judgment of the Alberta Court of
Appeal (1984), 12 C.C.C. (3d) 368, allowing the Crown's appeal from the
acquittal of the accused on a charge of possession of counterfeit money. Appeal
dismissed.
Alain Hepner,
for the appellant.
B. W. Duncan,
for the respondent.
The judgment of the Court was delivered orally by
1. The
Chief Justice‑‑We agree with the majority of the Court of
Appeal that intention to use the counterfeit money as currency is not an
element of the offence and that on the facts of this case the appellant was in
possession within the meaning of s. 408 of the Criminal Code . The appeal
is dismissed.
Judgment accordingly.
Solicitors for the appellant: MacPherson &
Associates, Calgary.
Solicitor for the respondent: Attorney General for
Alberta, Edmonton.
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