In what circumstances will a judge refuse to convict a defendant for possession of stolen property?
Alberta, Canada
The following excerpt is from R. v. Osherow, 1972 CanLII 227 (AB QB):
In Ungaro v. The King, 1950 CanLII 23 (SCC), [1950] S.C.R. 430 at 431, 9 C.R. 328, 96 C.C.C. 245, [1950] 2 D.L.R. 593, it is stated: "If the trial judge does not believe the accused the result is that no explanation at all is left, and the case would have to be decided on the well-known principle that possession of recently stolen property is circumstantial evidence of guilt."
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