R. v. Carter, (1974) 7 Nfld. & P.E.I.R. 290 (NFCA)

JudgeMifflin and Noel, JJ.
CourtNewfoundland Court of Appeal
Case DateOctober 28, 1974
JurisdictionNewfoundland and Labrador
Citations(1974), 7 Nfld. & P.E.I.R. 290 (NFCA)

R. v. Carter (1974), 7 Nfld. & P.E.I.R. 290 (NFCA);

    3 A.P.R. 290

MLB headnote and full text

R. v. Carter

Indexed As: R. v. Carter

Newfoundland Court of Appeal

Mifflin and Noel, JJ.

December 4, 1974.

Summary:

This case arose out of a charge of possession of a narcotic for purposes of trafficking contrary to section 4(2) of the Narcotic Control Act. The accused testified that he agreed with four other students to purchase 1 pound of marijuana. The accused stated that he took a 16 ounce bag of marijuana from a locker. He took the bag to his room and removed 3 ounces and then returned the bag to the locker. The trial judge dismissed a charge of possession of a narcotic for purposes of trafficking but convicted the accused of possession of a narcotic and sentenced the accused to a fine of $500.00.

On appeal by the Crown to the Newfoundland Court of Appeal, the appeal was dismissed and the acquittal of the accused on the charge of trafficking was affirmed. The Court of Appeal stated that the evidence of the accused established that he had possession of the bag of marijuana for the purpose of completing his purchase of a portion of the 16 ounces and not for any of the purposes mentioned in section 2 of the Narcotic Control Act.

Criminal Law - Topic 5878

Sentence - Charge of possession of a narcotic (marijuana) - Adult male student - The Newfoundland Court of Appeal affirmed a sentence of a fine of $500.00.

Evidence - Topic 9

General principles - What constitutes a question of law - Charge of trafficking in a narcotic - The Newfoundland Court of Appeal stated that a question of whether an accused had possession of a narcotic for purposes of trafficking was not a question of law - See paragraph 6.

Narcotic Control - Topic 703

Trafficking - Charge of possession for purposes of trafficking - The accused along with four other students purchased one pound of marijuana - The accused took a 16 ounce bag of marijuana from a locker to his room where he removed three ounces and then returned the bag to the locker - The Newfoundland Court of Appeal affirmed a dismissal of a charge of possession of a narcotic for purposes of trafficking.

Cases Noticed:

R. v. Whalen, 5 Nfld. & P.E.I.R. 548, folld. [para. 2].

R. v. Poitras, [1974] S.C.R. 649, folld. [para. 14].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 2 [paras. 9 and 20].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 609(1) [para. 13].

Counsel:

David Day, for the appellant;

Norman Whalen, for the respondent.

This case was heard by Mifflin, J., and Noel, J., on October 28, 1974. Judgment was delivered by Mifflin, J., and Noel, J., on December 4, 1974 and the following judgments were filed:

MIFFLIN, J., - see paragraphs 1 to 15

NOEL, J., - see paragraphs 16 to 23.

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