R. v. Starr, (1972) 4 N.B.R.(2d) 654 (CA)

• Judge: Hughes, C.J.N.B., Limerick and Bugold, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: February 07, 1972
• Jurisdiction: New Brunswick
• Citations: (1972), 4 N.B.R.(2d) 654 (CA)

R. v. Starr (1972), 4 N.B.R.(2d) 654 (CA);

    4 R.N.-B.(2e) 654

MLB headnote and full text

Sommaire et texte intégral

R. v. Starr

Indexed As: R. v. Starr

Répertorié: R. v. Starr

New Brunswick Court of Appeal

Hughes, C.J.N.B., Limerick and Bugold, JJ.A.

May 5, 1972.

Summary:

Résumé:

The New Brunswick Court of Appeal dismissed the appeal and affirmed the conviction of the accused on a charge of having possession of a narcotic for the purpose of trafficking. The R.C.M.P. found 189 pounds of hashish concealed in a vehicle which was driven by the accused. In addition, the accused had in his possession a duplicate set of keys for the car in which the hashish was found. The Court of Appeal held that the accused had "possession" of the narcotic for the purpose of trafficking.

Criminal Law - Topic 5853

Sentencing - Sentence, particular offences - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking) - Charge of trafficking in a narcotic - Accused had possession of 189 pounds of hashish - The New Brunswick Court of Appeal sentenced accused to 5 years' imprisonment.

Narcotic Control - Topic 703

Offences - Trafficking - Possession for purposes of trafficking - Charge of trafficking in hashish - Whether the accused had possession of hashish where the accused drove a car in which the hashish was found - The New Brunswick Court of Appeal convicted the accused.

Cases Noticed:

R. v. Harvey (1969), 1 N.B.R.(2d) 587, dist.

Counsel:

John P. Barry, for the accused, appellant;

Lyman F.D. Purnell, for the Crown, respondent.

Appeal from a conviction by Keirstead, C.C.J., February 7, 1972, sitting without a jury, of the accused on a charge of having possession of a narcotic for the purpose of trafficking.

The judgment of the court was delivered by LIMERICK, J.A.