What is the test for discovery of a crime under section 800 of the Ontario Grand Theft Act?

California, United States of America


The following excerpt is from People v. Swinney, 120 Cal.Rptr. 148, 46 Cal.App.3d 332 (Cal. App. 1975):

A preliminary question--raised but not decided in People v. Eitzen, supra--is whether 'discovery' refers to discovery of the loss or discovery of the crime. Section 800 (fn. 1) declares that 'An indictment for grand theft . . . shall be found, an information filed . . . within three years after its discovery.' In syntactical terms, 'grand theft' is the antecedent of 'its.' Literally, then, the statute specifies discovery of the grand theft,

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