R. v. O'Neill, (1973) 4 Nfld. & P.E.I.R. 473 (NFCA)

• Judge: Puddester and Higgins, JJ.
• Court: Newfoundland Court of Appeal
• Case Date: July 03, 1973
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 473 (NFCA)

R. v. O'Neill (1973), 4 Nfld. & P.E.I.R. 473 (NFCA)

MLB headnote and full text

R. v. O'Neill

Indexed As: R. v. O'Neill

Newfoundland Supreme Court

On Appeal

Puddester and Higgins, JJ.

July 3, 1973.

Summary:

This appeal arose out of a charge against the accused of possession of marijuana for the purposes of trafficking. The accused 24 year old man was found to have 12 pounds of marijuana in his possession and was apparently making his living by selling marijuana. The accused was tried before a magistrate on the charge and was convicted. The magistrate imposed a sentence of one year imprisonment. The Crown appealed. The Appeal Court allowed the appeal and increased the sentence to 18 months imprisonment.

The Appeal Court stated that, where the particular crime involved was increasing in prevalence, where Parliament has imposed a severe penalty for it, and where other jurisdictions were imposing greater sentences, it was necessary to increase the sentence of the accused from 12 months to 18 months imprisonment.

Narcotic Control - Topic 1110

Sentencing - Conviction for possession for the purposes of trafficking - Accused was found with 12 pounds of marijuana and was making his living trafficking in marijuana - On conviction, magistrate imposed sentence of one year imprisonment - Newfoundland Court of Appeal allowed Crown's appeal from sentence and increased sentence of the accused to 18 months imprisonment.

Cases Noticed:

R. v. Hemsworth (1971), 2 C.C.C.(2d) 301, folld.

R. v. Adelman, [1968] 3 C.C.C. 311, folld.

R. v. McNichol, [1969] 3 C.C.C. 56, folld.

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 4(2), sect. 4(3).

Counsel:

David Day, for the appellant;

Charles White, for the respondent.