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Duane v. The Queen, [1985] 2 S.C.R. 612


Rita Rae Duane       Appellant;




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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