R. v. Rees, (1979) 26 Nfld. & P.E.I.R. 13 (NFPC)
Judge | Trahey, P.C.J. |
Court | Newfoundland and Labrador Provincial Court (Canada) |
Case Date | April 25, 1979 |
Jurisdiction | Newfoundland 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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