R. v. Haran, (1976) 12 Nfld. & P.E.I.R. 406 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: July 06, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 12 Nfld. & P.E.I.R. 406 (NFPC)

R. v. Haran (1976), 12 Nfld. & P.E.I.R. 406 (NFPC);

    25 A.P.R. 406

MLB headnote and full text

R. v. Haran

Indexed As: R. v. Haran

Newfoundland Provincial Court

Anstey, Mag.

July 6, 1976.

Summary:

This case arose out of a charge against the accused of possession of marijuana for the purpose of trafficking contrary to s. 4(2) of the Narcotic Control Act, R.S.C. 1970, c. N-1. The accused, who was from the French islands of St. Pierre et Miquelon, was found in possession of 149.9 grams of marijuana in 11 plastic bags. The accused was charged in the Newfoundland Provincial Court, which convicted the accused and sentenced him to 6 months' imprisonment.

Criminal Law - Topic 5853

Sentence - Possession of marijuana for the purpose of trafficking - Narcotic Control Act, R.S.C. 1970, c. N-1, s. 4(2) - The accused was a male resident of St. Pierre et Miquelon - The accused was found in possession of 149.9 grams of marijuana in 11 plastic bags - The Newfoundland Provincial Court sentenced the accused to six months' imprisonment - See paragraph 11.

Narcotic Control - Topic 705

Offences - Trafficking - Presumption from possession - Rebuttal of presumption - Burden of proof - Narcotic Control Act, R.S.C. 1970, c. N-1, s. 8 - The Newfoundland Provincial Court held that an accused who is proved to have been in possession is required to prove on a balance of the probabilities or by a preponderance of the evidence that he was not in possession for the purpose of trafficking - The Newfoundland Provincial Court found that the accused found in possession of 149.9 grams of marijuana in 11 plastic bags did not succeed in rebutting the presumption with his explanations - See paragraphs 3 to 6.

Narcotic Control - Topic 712

Offences - Trafficking - Transporting defined - Narcotic Control Act, R.S.C. 1970, c. N-1, s. 2 - The Newfoundland Provincial Court stated that transporting a narcotic includes the transporting of the narcotic for the use of the accused himself and a second person - See paragraphs 7 to 10.

Cases Noticed:

R. v. O'Connor (1975), 23 C.C.C.(2d) 111, appld. [para. 8].

R. v. Young (1971), 2 C.C.C.(2d) 560, appld. [para. 9].

R. v. Taylor (1974), 17 C.C.C.(2d) 36, appld. [para. 10].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 2 [para. 7]; sect. 3, sect. 4(2), sect. 8 [para. 5].

Counsel:

David Day, for the Crown;

Donald MacBeath, for the accused.

This case was heard before Magistrate ANSTEY, of the Newfoundland Provincial Court.

On July 6, 1976, Magistrate ANSTEY orally delivered the following judgment: