R. v. Jarque, (1979) 4 Sask.R. 170 (CA)

Judge:Culliton, C.J.S., Brownridge and Hall, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:September 19, 1979
Jurisdiction:Saskatchewan
Citations:(1979), 4 Sask.R. 170 (CA)
 
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R. v. Jarque (1979), 4 Sask.R. 170 (CA)

MLB headnote and full text

R. v. Jarque

(No. 8376)

Indexed As: R. v. Jarque

Saskatchewan Court of Appeal

Culliton, C.J.S., Brownridge and Hall, JJ.A.

September 19, 1979.

Summary:

This case arose out of a charge of importing a narcotic. The trial judge found the accused not guilty of importing a narcotic but convicted the accused of the included offence of trafficking in a narcotic. The accused appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal, quashed the conviction of the accused and ordered a verdict of acquittal. The Court of Appeal held that the offence of trafficking in a narcotic was not an offence included in the offence of importing a narcotic.

Criminal Law - Topic 4450

Verdicts - Included offences - General principles - The Saskatchewan Court of Appeal referred to the elements of an included offence for purposes of s. 589 of the Criminal Code - See paragraphs 9 and 10.

Narcotic Control - Topic 905

Included offences - Offences included in a charge of importing a narcotic - The Saskatchewan Court of Appeal held that the offence of trafficking in a narcotic was not an offence included in the offence of importing a narcotic.

Cases Noticed:

R. v. Ovcaric (1973), 22 C.R.N.S. 26, refd to. [para. 9].

R. v. Maika (1974), 17 C.C.C.(2d) 110, refd to. [para. 10].

R. v. Chand and Chandra, [1977] 4 W.W.R. 3, refd to. [para. 11].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. M-1, sect. 2 [para. 5].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 589 [para. 9].

Counsel:

Peter W. Glendinning, for the appellant;

Kenneth W. Noble, for the Crown.

This appeal was heard by CULLITON, C.J.S., BROWNRIDGE and HALL, JJ.A., of the Saskatchewan Court of Appeal, on August 21, 1979.

The judgment of the Court of Appeal was delivered by CULLITON, C.J.S, at Regina, Saskatchewan, on September 19, 1979.

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