Supreme Court of Canada

Speake v. R., 1981 CanLII 62 (SCC), [1981] 2 SCR 265

Date: 1981-12-01

George Darryl Speake (Plaintiff) Appellant;

and

Her Majesty The Queen (Defendant) Respondent.

1981: December 1.

Present: Laskin C.J. and Martland, Ritchie, Dickson and Estey JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Criminal law—Fraud—Appellant allegedly defrauding an insurance company of insurance monies paid for a vehicle he arranged to be stolen—At trial evidence found to be hearsay and inadmissible—On appeal acquittal quashed and new trial ordered.

APPEAL from a judgment of the Court of Appeal for Ontario rendered on June 16, 1980, reversing the appellant’s acquittal pronounced by Street J. on September 27, 1979, on a charge of fraud contrary to s. 338(1) of the Criminal Code. Appeal dismissed.

Julius H. Melnitzer, for the appellant.

J. Douglas Ewart, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that the Court of Appeal rightly declared that there was evidence upon which a conviction could be entered and, accordingly, the appeal must be dismissed.

Judgment accordingly.

Solicitors for the appellant: Cohen, Melnitzer, London.

Solicitor for the respondent: The Attorney General for Ontario, Toronto.