Martins v. R., (1981) 36 A.R. 327 (NWTSC)

• Judge: Tallis, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: February 03, 1981
• Jurisdiction: Northwest Territories
• Citations: (1981), 36 A.R. 327 (NWTSC)

Martins v. R. (1981), 36 A.R. 327 (NWTSC)

MLB headnote and full text

Martins v. R.

(No. SC 2237)

Indexed As: Martins v. R.

Northwest Territories Supreme Court

Tallis, J.

February 24, 1981

Summary:

The accused appealed by way of stated case from an order that a weapon be destroyed pursuant to s. 446.1(1) of the Criminal Code of Canada. The Northwest Territories Supreme Court dismissed the appeal, stating that s. 446.1(1) does not give the court the right to return the forfeited weapon.

Criminal Law - Topic 1124

Weapons - General - Forfeiture of weapons - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 446.1(1) - Jurisdiction of court to return weapon - An accused was found guilty of using a firearm in a careless manner contrary to s. 84(2) - The weapon used was seized and ordered to be destroyed pursuant to s. 446.1(1) - The accused appealed the order - The Northwest Territories Supreme Court dismissed the appeal, stating that s. 446.1(1) does not give the court the right to return the weapon to the accused - The court stated that under certain circumstances 446.1(2) allows the return of weapons - See paragraphs 8, 9.

Cases Noticed:

Mayberry v. R., 98 C.C.C. 295, refd to. [para. 8].

R. v. Krakowec et al., 57 C.C.C. 96, refd to. [paras. 8, 9].

Industrial Acceptance Corp. v. The Queen, 107 C.C.C. 1 [para. 8].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. 34, sect. 82(2), sect. 446.1(1), sect. 446.1(2), sect. 762(1).

Counsel:

P. Spence, for the appellant;

D. Beach, for the respondent (Crown).

This appeal was heard by TALLIS, J., of the Northwest Territories Supreme Court at Yellowknife, Northwest Territories, on February 3, 1981. The judgment of TALLIS, J., was filed on February 24, 1981.