R. v. Martin (R.S.), (1997) 98 B.C.A.C. 304 (YukCA)

• Judge: Macfarlane, Ryan and Donald, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: October 31, 1997
• Jurisdiction: Yukon
• Citations: (1997), 98 B.C.A.C. 304 (YukCA)

R. v. Martin (R.S.) (1997), 98 B.C.A.C. 304 (YukCA);

    161 W.A.C. 304

MLB headnote and full text

Temp. Cite: [1997] B.C.A.C. TBEd. DE.030

Regina (respondent) v. Raymond Stanley Martin (appellant)

(CA YU0380)

Indexed As: R. v. Martin (R.S.)

Yukon Court of Appeal

Macfarlane, Ryan and Donald, JJ.A.

October 31, 1997.

Summary:

The accused pleaded guilty to trafficking in marijuana and was sentenced to five months' imprisonment and to pay a $6,000 fine within 30 months following his release from prison. The accused appealed the sen­tence.

The Yukon Court of Appeal dismissed the appeal.

Criminal Law - Topic 5853

Sentence - Trafficking in a narcotic (hashish and marijuana) - A 44 year old father shipped marijuana to his 18 year old daughter in the Yukon, who sold it through drug dealers - Elaborate, sophisticated operation which hid behind the facade of a legitimate business - First offender - Pleaded guilty to trafficking in marijuana - The Yukon Court of Appeal affirmed a sentence of five months' im­prisonment plus a $6,000 fine, to be paid within 30 months following his release from prison.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 718 [para. 7]; sect. 718.2 [para. 9]; sect. 718.2(b) [para. 10]; sect. 742.1 [para. 6].

Counsel:

Robert Prior, for the appellant;

Kevin Drolet, for the respondent.

This appeal was heard at Victoria, British Columbia, before Macfarlane, Ryan and Donald, JJ.A., of the Yukon Court of Appeal.

On October 31, 1997, Macfarlane, J.A., delivered the following judgment orally for the Court of Appeal.