This was a summary conviction appeal of an acquittal of a fish boat Captain upon evidence that his son had been "sneaky enough" to hide under the floor without the knowledge of his father.
The court upheld the acquittal without a great deal of analysis. It said "the judge did not want to convict the accused for being deceived by a sneak".
Editor’s Note: This can probably best be classified as a due diligence case. That is, a reasonable person in the Captain’s position would not be expected to have avoided committing the offence.
Counsel for the Crown: William C. Kean
Counsel for the Accused: J. Anderson Ritchie