359 (1) Where an accused is charged with an offence under section 342 or 354 or paragraph 356(1)(b), evidence is admissible at any stage of the proceedings to show that property other than the property that is the subject-matter of the proceedings
(a) was found in the possession of the accused, and
(b) was stolen within twelve months before the proceedings were commenced,
and that evidence may be considered for the purpose of proving that the accused knew that the property that forms the subject-matter of the proceedings was stolen property.
Marginal note:Notice to accused
(2) Subsection (1) does not apply unless
(a) at least three days notice in writing is given to the accused that in the proceedings it is intended to prove that property other than the property that is the subject-matter of the proceedings was found in his possession; and
(b) the notice sets out the nature or description of the property and describes the person from whom it is alleged to have been stolen.
- R.S., 1985, c. C-46, s. 359
- R.S., 1985, c. 27 (1st Supp.), s. 51
- Date modified: