R. v. Anderson (F.), (1982) 44 N.B.R.(2d) 347 (PC)

• Judge: Tomlinson, J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: October 13, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 44 N.B.R.(2d) 347 (PC)

R. v. Anderson (F.) (1982), 44 N.B.R.(2d) 347 (PC);

    44 R.N.-B.(2e) 347; 116 A.P.R. 347

MLB headnote and full text

Sommaire et texte intégral

R. v. Anderson

(82/0533)

Indexed As: R. v. Anderson (F.)

Répertorié: R. v. Anderson (F.)

New Brunswick Provincial Court

Tomlinson, J.

October 13, 1982.

Summary:

Résumé:

The accused taxi driver was charged with unlawfully selling liquor contrary to s. 132 of the Liquor Control Act, after he purchased beer for and delivered it to an unknown adult.

The New Brunswick Provincial Court acquitted the accused.

Agency - Topic 301

Creation of relation - General - The New Brunswick Provincial Court stated that an agent may be appointed orally without a designation in writing - See paragraph 9.

Liquor Control - Topic 3553

Offences and penalties - Sale - Defined - A taxi driver was requested by telephone by an unknown adult to purchase liquor for him, deliver it and be reimbursed - The cabbie was charged with unlawfully selling liquor contrary to s. 132 of the Liquor Control Act - The New Brunswick Provincial Court acquitted the cabbie, because there was no profit motive involved as the cabbie was merely an agent - See paragraphs 6 to 11.

Words and Phrases

Appoint - The New Brunswick Provincial Court held that the word "appoint" as found in the phrase "A person entitled under the Act to purchase liquor may appoint as his agent to purchase liquor for him any other person who is entitled under the Act to purchase liquor", in s. 5(1) of Regulation 76-60 under the Liquor Control Act, does not mean a designation in writing - See paragraph 9.

Statutes Noticed:

Liquor Control Act Regulations, Regulation 76-60, sect. 5(1) [paras. 6, 9]; sect. 5(2) [para. 6].

Counsel:

Roland V. Levesque, for the Crown;

John C. Friel, for the accused.

This case was heard before Tomlinson, J., of the New Brunswick Provincial Court, whose decision was delivered orally on October 13, 1982.