Appeal from conviction for break and enter into a rural dwelling. Issue as to whether the Crown was required to call all of those who had access to the property, to negate any reasonable doubt regarding consent or permission to enter the property.
Held: Appeal dismissed.
Home owners testified to returning home and finding the garage door open, and evidence of forced entry. Crown not required to call every member of the home owner’s family, or group of friends, who had access to the property, or who knew the key code to enter the home. Inferences drawn by the trial judge were reasonable. “There was no need to rely upon any statutory presumption as this house was locked and secured and R v Singh, 1987 ABCA 261 simply does not apply.”
D. Derie-Gillespie – Defence Counsel