Supreme Court

Criminal Law

Offences against rights of property

Theft and related offences

Accused’s guilt was the only reasonable inference

Accused was convicted of theft under $5000 and sentenced to six months’ imprisonment. Accused was firefighter who stole necklace and cash from deceased’s room. Crown’s case rested on observations of other firefighters that accused acted unusually and went alone into deceased’s room. Firefighters then found money and necklaces in accused’s jacket. Deceased’s daughter testified that necklaces resembled those owned by her mother. Accused appeal from convicted and sentence were dismissed. Conviction was reasonable as trial judge was entitled to find that accused’s guilt was the only reasonable inference. Sentence imposed was not demonstrably unfit. Accused appealed. Appeal dismissed. Appellate court reasons for dismissal were agreed with.

R. v. Fedyck (2019), 2019 CarswellMan 10, 2019 CarswellMan 9, 2019 SCC 3, 2019 CSC 3, Abella J., Moldaver J., Karakatsanis J., Gascon J., and Côté J. (S.C.C.); affirmed (2018), 2018 CarswellMan 299, 2018 MBCA 74, Michel A. Monnin J.A., Holly C. Beard J.A., and Jennifer A. Pfuetzner J.A. (Man. C.A.).

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