R. v. Harvey, (1969) 1 N.B.R.(2d) 587 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 08, 1969
• Jurisdiction: New Brunswick
• Citations: (1969), 1 N.B.R.(2d) 587 (CA)

R. v. Harvey (1969), 1 N.B.R.(2d) 587 (CA);

    1 R.N.-B.(2e) 587

MLB headnote and full text

Sommaire et texte intégral

R. v. Harvey

Indexed As: R. v. Harvey

Répertorié: R. v. Harvey

New Brunswick Court of Appeal

Bridges, C.J.N.B., Ritchie and Hughes, JJ.A.

May 8, 1969.

Summary:

Résumé:

The New Brunswick Court of Appeal set aside conviction of defendant for unlawfully having possession of a narcotic contrary to Section 3(1) of the Narcotic Control Act.

The New Brunswick Court of Appeal held that a survey of the evidence, much of it circumstantial, showed that it was not sufficient to support an inference that the defendant had any measure of control over the marihuana so as to constitute "possession" within the meaning of Section 3(4)(b) of the Criminal Code of Canada.

The defendant was a passenger in a car in which the Royal Canadian Mounted Police found marihuana and methedrine valued at approximately $100.

Narcotic Control - Topic 576

Offences - Possession - General - Actual possession - Criminal law - Criminal Code of Canada, Section 3(4)(b) - Narcotic Control Act, Section 3(1) - Whether Defendant has "possession" of marihuana (New Brunswick Court of Appeal).

Criminal Law - Topic 5260

Evidence and witnesses - Admissions - Document containing admissions - Inadmissibility of written statements made by defendant to police - Whether circumstantial evidence justified inference of "possession" of marihuana (New Brunswick Court of Appeal).

Cases Noticed:

R. v. Mandzuk (1945), 85 C.C.C. 158 (B.C.C.A.), folld.

R. v. Robichaud (1938), 13 M.P.R. 23, folld.

R. v. Albrecht (1966-67), 49 C.R. 314, folld.

R. v. Colvin and Gladue (1942), 78 C.C.C. 282, folld.

R. v. Kinna (1951), 11 C.R. 292 (B.C.C.A.), folld.

R. v. Tokarek, [1967] 3 C.C.C. 114 (B.C.C.A.), folld.

Beaver v. The Queen, [1957] S.C.R. 531, folld.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1953-54, c. 51, sect. 3(4)(b).

Narcotic Control Act, S.C. 1960-61, c. 35, sect. 3(1).

Counsel:

Eric L. Teed, Q.C., for the appellant;

R.B. MacAuley, for the Crown.

The judgment of the Court was delivered by Bridges, C.J.N.B.