R. v. Pike, (1972) 2 Nfld. & P.E.I.R. 536 (NFCA)

JudgeHiggins, J.
CourtNewfoundland Court of Appeal
Case DateFebruary 11, 1972
JurisdictionNewfoundland and Labrador
Citations(1972), 2 Nfld. & P.E.I.R. 536 (NFCA)

R. v. Pike (1972), 2 Nfld. & P.E.I.R. 536 (NFCA)

MLB headnote and full text

R. v. Pike

Indexed As: R. v. Pike

Newfoundland Supreme Court

On Appeal

Higgins, J.

February 11, 1972.

Summary:

The appeal court allowed the Crown's appeal by way of a trial de novo from acquittal and convicted the accused of the sale of illegally imported goods. The accused was an officer of a United States Company doing business at the United States Air Force Base, Goose Bay, which imported duty free materials for the manufacture of milk products. The materials were imported in fibre barrels which the accused sold empty to a Canadian company.

The appeal court held that, although the barrels entered Canada legally, an illegal importation occurred when the barrels were transferred from the possession of one of the class of persons exempted from the provisions of the Customs Act to the possession of a person not so exempted.

Customs - Topic 8043

Offences and penalties - Sale of goods unlawfully imported - Illegal importation defined - Sale of fibre barrels entering Canada as containers for manufacturing ingredients which were imported duty free - On trial de novo Newfoundland Court of Appeal held that illegal importation occurred when barrels transferred from possession of class exempt from provisions of Customs Act to person not exempt - Accused convicted.

Cases Noticed:

R. v. Rent, 79 C.C.C. 80, appld.

Statutes Noticed:

Customs Act, R.S.C. 1952, c. 58, sect. 203.

Counsel:

Edward P. Poole, for the appellant;

David B. Sparkes, for the respondent.

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