Unlawful occupation: acquittal without a maintained accusation

Judgment of acquittal examined; unverified firmness

The situation

A procedure for a possible minor offence of usurpation came to trial. Both the evidence and the existence of an indictment that could sustain a conviction had to be verified.

What the decision records

The complainant did not attend and the prosecutor requested acquittal for lack of evidence. The court acquitted on the accusatory principle and made no party-specific costs order.

What this helps explain

The criminal acquittal does not itself decide ownership or grant a civil right of possession. Nor can it be assumed that any non-appearance of a complainant produces the same result.