What is the test for establishing beyond a reasonable doubt an intent to steal?

Alberta, Canada


The following excerpt is from R. v. Bueschkens, 1980 ABCA 244 (CanLII):

If I may paraphrase Allen J.A. in zaritec v. The Queen (supra) at p. 723, I am of the view that when the evidence as a whole is considered, it does not establish beyond a reasonable doubt an intent to steal. In saying this, I am mindful that some of the evidence upon which the learned trial judge appears to have relied as establishing intent to steal is indeed compatible with the guilt of the accused; however, the inference drawn by the learned provincial court judge as to guilt of the appellant by reason of the appellant's friend going to get the truck and leaving him in the store is not supported by the evidence nor by logic.

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