R. v. Lucas, (1974) 6 Nfld. & P.E.I.R. 55 (NFCA)

JudgeFurlong, C.J. and Noel, J.
CourtNewfoundland Court of Appeal
Case DateFebruary 15, 1974
JurisdictionNewfoundland and Labrador
Citations(1974), 6 Nfld. & P.E.I.R. 55 (NFCA)

R. v. Lucas (1974), 6 Nfld. & P.E.I.R. 55 (NFCA)

MLB headnote and full text

R. v. Lucas

Indexed As: R. v. Lucas

Newfoundland Supreme Court

On Appeal

Furlong, C.J. and Noel, J.

March 19, 1974.

Summary:

This appeal arose out of the accused's conviction on a charge of trafficking in marijuana contrary to Section 4(3) of the Narcotic Control Act. Upon being charged before a Magistrate, the accused pleaded "not guilty". However, upon being read the definition of "trafficking" by the court and upon the court being assured by the accused that he knew and understood what he was doing, the accused changed his plea to "guilty". The accused stated that, if selling was trafficking, he was guilty. The Magistrate accepted the accused's change of plea, convicted the accused and sentenced him to 18 months' imprisonment. The accused appealed on the grounds that the Magistrate was in error in accepting the accused's change of plea; that the accused did not appreciate the nature of the charge and that the accused did not intend to plead guilty. The appeal court dismissed the appeal.

The appeal court held that the Magistrate was not in error in accepting the change of plea, where the accused obviously understood the nature of the charge and appreciated what he was doing.

Criminal Law - Topic 4226

Procedure - Pleas - Acceptance of change of plea from not guilty to guilty - Accused pleaded not guilty to a charge of trafficking in marijuana but upon being read the definition of trafficking by the court the accused changed his plea to guilty - Accused had no legal advice but admitted that, if selling was trafficking, he was guilty - Newfoundland Court of Appeal held that the trial judge was not in error in accepting the accused's change of plea.

Criminal Law - Topic 5853

Sentence - Trafficking in marijuana - Newfoundland Court of Appeal affirmed a sentence of 18 months' imprisonment upon conviction on a charge of trafficking in marijuana - Paragraph 16.

Statutes Noticed:

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

Counsel:

David C. Day, for the respondent;

David B. Sparkes, for the appellant.

This case was heard on February 15, 1974. Judgment was delivered March 19, 1974, by Furlong, C.J., [Paragraphs 1 to 16] and Noel, J., [Paragraphs 17 and 18].

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