R. v. Krey, (1982) 38 A.R. 419 (NWTSC)

Judgede Weerdt, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateJuly 06, 1982
JurisdictionNorthwest Territories
Citations(1982), 38 A.R. 419 (NWTSC)

R. v. Krey (1982), 38 A.R. 419 (NWTSC)

MLB headnote and full text

R. v. Krey

(SC 2615)

Indexed As: R. v. Krey

Northwest Territories Supreme Court

de Weerdt, J.

July 6, 1982

Summary:

The accused appealed his sentence for attempting to export Gyrfalcon eggs contrary to s. 13 of the Export and Import Permits Act, R.S.C. 1970, c. E-17. The accused requested that his sentence be varied to remove the four months imprisonment imposed upon him, together with the $3,000 fine. The Northwest Territories Supreme Court allowed the appeal in part and reduced his imprisonment to two months.

Criminal Law - Topic 5837

Sentencing - Considerations on imposing sentence - Mitigating circumstances - The accused appealed his sentence of four months imprisonment and a $3,000 fine for attempting to export Gyrfalcon eggs contrary to s. 13 of the Export and Import Permits Act, R.S.C. 1970, c. E-17 - The accused, a 19 year old foreigner without a previous criminal record, was not aware of the Act - The accused did not take all the eggs from the nest - The accused provided the R.C.M.P. with information to help trail others involved in the same exportation - The Northwest Territories Supreme Court considered these mitigating circumstances and reduced the accused's imprisonment to two months - See paragraph 28.

Criminal Law - Topic 5931

Sentence - Endangered species - Exporting - The accused appealed his sentence of four months imprisonment and a $3,000 fine for attempting to export Gyrfalcon eggs contrary to s. 13 of the Export and Import Permits Act, R.S.C. 1970, c. E-17 - The Gyrfalcon was an endangered species - The Northwest Territories Supreme Court reduced the accused's imprisonment to two months - See paragraph 28.

Cases Noticed:

R. v. Morrissette (1970), 1 C.C.C.(2d) 307; 12 C.R.N.S. 392; 75 W.W.R. 644 (N.S.), consd. [para. 20].

R. v. Stein (1974), 15 C.C.C.(2d) 376 (Ont. C.A.), consd. [para. 21].

R. v. Wood, [1976] 2 W.W.R. 135; 1 A.R. 35; 26 C.C.C.(2d) 100 (Alta. C.A.), consd. [para. 21].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 614 [para. 7]; sect. 722(1) [para. 14]; sect. 722(2) [para. 28]; sect. 748(a)(ii), sect. 755(1) [para. 7].

Export and Import Permits Act, R.S.C. 1970, c. E-17, sect. 13 [para. 2]; sect. 19 [para. 5].

Export Control List, C.R.C. 1978, c. 601, para. 1011 [para. 3].

Authors and Works Noticed:

Tallis, "Sentencing in the North", Musk-ox 25, 1979, p. 77 [para. 18].

Counsel:

G. Lang, for the appellant;

M. Zigayer, for the respondent.

This case was heard before de WEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on July 6, 1982.

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