R. v. Bishop (W.E.), (1990) 79 Nfld. & P.E.I.R. 231 (NFPC)

• Judge: Hyslop, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: January 05, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 79 Nfld. & P.E.I.R. 231 (NFPC)

R. v. Bishop (W.E.) (1990), 79 Nfld. & P.E.I.R. 231 (NFPC);

    246 A.P.R. 231

MLB headnote and full text

R. v. William Eugene Bishop

Indexed As: R. v. Bishop (W.E.)

Newfoundland Provincial Court

District of St. John's

Hyslop, P.C.J.

January 5, 1990.

Summary:

The accused was convicted of possession of cocaine for the purpose of trafficking.

The Newfoundland Provincial Court sentenced him to 15 months' imprisonment plus two years' probation.

Criminal Law - Topic 5830.8

Sentencing - Considerations - Drug offences - In sentencing an accused for possession of cocaine for the purpose of trafficking, the Newfoundland Provincial Court classified the accused as a small retailer and considered the potentially destructive effects of cocaine on the accused's customers.

Criminal Law - Topic 5850

Sentence - Trafficking in narcotic - Possession of cocaine for purpose of trafficking - The accused 35 year old owner-manager of a nightclub was found in possession of five one gram bags and eight .5 gram bags of cocaine plus empty baggies and scales - Cocaine had a street value of $1,880.00 - Prior criminal record, but none for narcotics - Good presentence report - The Newfoundland Provincial Court categorized the accused as a small retailer and sentenced him to 15 months' imprisonment plus two years' probation.

Cases Noticed:

R. v. Bearns (1989), 77 Nfld. & P.E.I.R. 103; 240 A.P.R. 103 (Nfld. C.A.), consd. [para. 15].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1985, c. N-1, sect. 4(2).

Counsel:

M. Madden, for the Crown;

K. Inder, for the accused.

This case was heard at St. John's, Newfoundland, before Hyslop, P.C.J., of the Newfoundland Provincial Court, District of St. John's, who delivered the following judgment on January 5, 1990: