R. v. Rees, (1979) 26 Nfld. & P.E.I.R. 13 (NFPC)

JudgeTrahey, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateApril 25, 1979
JurisdictionNewfoundland and Labrador
Citations(1979), 26 Nfld. & P.E.I.R. 13 (NFPC)

R. v. Rees (1979), 26 Nfld. & P.E.I.R. 13 (NFPC);

    72 A.P.R. 13

MLB headnote and full text

R. v. Rees

Indexed As: R. v. Rees

Newfoundland Provincial Court

Trahey, P.C.J.

April 25, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5837

Sentencing - Considerations - Mitigating circumstances - The Newfoundland Provincial Court stated that for an offence of trafficking in a narcotic contrary to s. 4(2) of the Narcotic Control Act, an addict who sold to support his own habit should receive a more lenient sentence than a non-user who sold purely for financial gain - See paragraphs 12 and 13.

Criminal Law - Topic 5853

Sentence - Trafficking in a narcotic - Two pounds of marihuana - 20 year old - Single - Unemployed - Criminal record - Financial gain was only motive - The Newfoundland Provincial Court imposed a sentence of 18 months imprisonment - See paragraphs 19 and 20.

Cases Noticed:

R. v. Pearce (1978), 16 Nfld. & P.E.I.R. 50; 42 A.P.R. 50, refd to. [para. 8].

R. v. Courish (1978), 14 Nfld. & P.E.I.R. 92; 33 A.P.R. 92, refd to. [para. 20].

Statutes Noticed:

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

Counsel:

David Day, for the Crown;

Norman Whalen, for the defendant.

This case was heard by TRAHEY, P.C.J., of the Newfoundland Provincial Court.

On April 25, 1979, TRAHEY, P.C.J., delivered the following judgment:

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