R. v. Maskill, (1981) 29 A.R. 107 (CA)

• Judge: Moir, McDermid and Laycraft, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: February 17, 1981
• Citations: (1981), 29 A.R. 107 (CA);1981 ABCA 50;29 AR 107;58 CCC (2d) 408;[1981] AJ No 907 (QL)

R. v. Maskill (1981), 29 A.R. 107 (CA)

MLB headnote and full text

R. v. Maskill

Indexed As: R. v. Maskill

Alberta Court of Appeal

Moir, McDermid and Laycraft, JJ.A.

February 17, 1981.

Summary:

The accused appealed both his conviction and sentence of three years on a charge of possession of cocaine for the purpose of trafficking.

The Alberta Court of Appeal affirmed both the conviction and sentence.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - The Alberta Court of Appeal, in affirming both the conviction and sentence of the accused on a charge of possession of a narcotic (cocaine) for the purpose of trafficking, stated that deterrence is the most important element in the sentencing process - See paragraph 16.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic - Cocaine - Young university student with no criminal record - Convicted at trial on two counts of possession of a narcotic and two counts of possession of a narcotic for the purpose of trafficking, one of which involved cocaine - The Alberta Court of Appeal affirmed a sentence of three years imprisonment on the conviction of possession of cocaine for the purpose of trafficking - See paragraphs 10 to 22.

Narcotic Control - Topic 719

Offences - Trafficking - Proof of nature of narcotic - The accused appealed his conviction of possession of cocaine for the purpose of trafficking, alleging that the Crown failed to establish that the drug was that prohibited under the Narcotic Control Act - The Alberta Court of Appeal dismissed the appeal and stated that the Crown does not have to prove the source of cocaine, it being an offence to have in one's possession anything that constitutes any substance included in the schedule to the Act - See paragraphs 2 to 9.

Cases Noticed:

R. v. Arellano and Sanchez (1975), 30 C.R.N.S. 367, refd to. [para. 12].

R. v. Bengert (1980), 52 C.C.C.(2d) 100, refd to. [para. 13].

R. v. Swanson (1981), 25 A.R. 197, refd to. [para. 21].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, Schedule 2 [paras. 2, 7].

Counsel:

A.D. Pringle, for the appellant;

S.R. Creagh, for the Crown (respondent).

This case was heard before McDERMID, MOIR and LAYCRAFT, JJ.A., of the Alberta Court of Appeal.

The judgment of MOIR, J.A., LAYCRAFT and McDERMID, JJ.A., concurring, was delivered on February 17, 1981.