R. v. Smith, [1993] 3 S.C.R. 635

Jimmy Joseph Smith Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Smith

File No.: 23304.

1993: October 6.

Present: Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Theft ‑‑ Conversion ‑‑ Accused taking possession of goods after making down payment ‑‑ Accused knowing cheque for down payment would be dishonoured ‑‑ Whether person obtaining goods through fraudulent means liable to conviction for theft ‑‑ Criminal Code, R.S.C., 1985, c. C‑46, s. 322.

Statutes and Regulations Cited

Criminal Code, R.S.C., 1985, c. C‑46, s. 322.

APPEAL from a judgment of the Ontario Court of Appeal (1992), 1992 CanLII 12757 (ON CA), 77 C.C.C. (3d) 182, 59 O.A.C. 390, dismissing an appeal from conviction by Sheard Dist. Ct. J. Appeal dismissed.

Samuel Willoughby and Randall J. Hofley, for the appellant.

Roger A. Pinnock, for the respondent.

The judgment of the Court was delivered orally by

Iacobucci J. ‑‑ This appeal comes to us as of right. We agree, substantially for the reasons of Finlayson J.A. in the Ontario Court of Appeal, that the appellant was properly convicted of theft under s. 322 of the Criminal Code, R.S.C., 1985, c. C‑46.

Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Roach, Schwartz & Associates, Toronto.

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