R. v. Kornak, (1979) 24 A.R. 410 (QB)

• Judge: Cavanagh, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 22, 1979
• Citations: (1979), 24 A.R. 410 (QB)

R. v. Kornak (1979), 24 A.R. 410 (QB)

MLB headnote and full text

R. v. Kornak

(34065-C)

Indexed As: R. v. Kornak

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cavanagh, J.

November 22, 1979.

Summary:

This headnote contains no summary.

Narcotic Control - Topic 786

Information or indictment - Sufficiency of charge relating to cannabis - The accused was charged with possession of a narcotic, cannabis resin, for the purpose of trafficking - The accused admitted all elements of the charge except the nature of the substance in his possession, arguing that the substance could have been cannabis marijuana and not cannabis resin - The Alberta Court of Queen's Bench convicted the accused, found that the substance was cannabis resin and doubted that it made any difference whether it was cannabis marijuana or resin - The court stated that a sufficient particular in almost all cases of narcotics of the cannabis family would be cannabis sativa - The court stated that the purpose of a particular is to enable the accused to know the nature of the charge against him - It is not a proper use of particulars to order them to such a fine degree that an accused can escape by claiming that it is possibly another equally forbidden particular that has not been alleged but is only distinguishable in form and not essence - See paragraph 12.

Criminal Law - Topic 4527

Procedure - Particulars - When obtainable and purpose of - The Alberta Court of Queen's Bench stated that the purpose of a particular is to enable the accused to know the nature of the charge against him - It is not a proper use of particulars to order them to such a fine degree that an accused can escape by claiming that it is possibly another equally forbidden particular that has not been alleged that is only distinguishable in form and not essence - See paragraph 12.

Counsel:

Shelagh R. Creagh, for the plaintiff;

P.B. Gunn, for the defendant.

This case was heard before CAVANAGH, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton.

The decision of CAVANAGH, J., was delivered on November 22, 1979.