R. v. Clarke, (1976) 11 Nfld. & P.E.I.R. 251 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 04, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 11 Nfld. & P.E.I.R. 251 (NFPC)

R. v. Clarke (1976), 11 Nfld. & P.E.I.R. 251 (NFPC);

    22 A.P.R. 251

MLB headnote and full text

R. v. Clarke

Indexed As: R. v. Clarke

Newfoundland Provincial Court

Magistrate Reid

May 4, 1976.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5853

Sentence - Charge of possession of marijuana for the purpose of trafficking - Narcotic Control Act, R.S.C. 1970, c. N-1, s. 4(2) - 26 year old man found in possession of 51.1 grams of marijuana - The accused became involved with selling drugs to earn money to repay his debts - The Newfoundland Provincial Court sentenced the accused to 9 months imprisonment and 2 years probation.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - Charge of possession of marijuana for the purpose of trafficking - The Newfoundland Provincial Court stressed deterrence and the protection of society over the interests of the accused in sentencing him to 9 months imprisonment and 2 years probation.

Criminal Law - Topic 5835

Sentencing - Considerations on imposing sentence - Protection of the public - Charge of possession of marijuana - The Newfoundland Provincial Court stressed deterrence and the protection of society over the interests of the accused in sentencing him to 9 months imprisonment and 2 years probation.

Cases Noticed:

R. v. Doyle, [1970] 2 C.C.C. 82, cons'd. [para. 1].

R. v. Sprague, [1975] 1 W.W.R. 22, cons'd. [para. 1].

R. v. Earle (1975), 8 Nfld. & P.E.I.R. 390, cons'd. [para. 1].

R. v. Bruckshaw (1973), 9 C.C.C.(2d) 33, cons'd. [para. 1].

R. v. Toth, 14 Criminal Law Quarterly 274, cons'd. [para. 1].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 4(2).

Counsel:

David Day, for the Attorney General of Canada;

Roland Brewer, for the defendant.

This case was heard at Harbour Grace, Newfoundland, before MAGISTRATE REID, of the Newfoundland Provincial Court.

On May 4, 1976, MAGISTRATE REID, delivered the following judgment: