R. v. Strickland, (1972) 2 Nfld. & P.E.I.R. 231 (NFCA)

• Judge: Furlong, C.J. and Puddester, J.
• Court: Court of Appeal (Newfoundland)
• Case Date: March 23, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 231 (NFCA)

R. v. Strickland (1972), 2 Nfld. & P.E.I.R. 231 (NFCA)

MLB headnote and full text

R. v. Strickland

Indexed As: R. v. Strickland

Newfoundland Supreme Court

On Appeal

Furlong, C.J. and Puddester, J.

March 23, 1972.

Summary:

The appeal court dismissed the appeal and affirmed the conviction and sentence of the accused on a charge of trafficking in marijuana. The appeal court held that a sentence of 4 years imprisonment was not excessive. The accused had a prior conviction for the same offence.

The information stated that the accused "between 28 October, A.D., 1971 and 3 November A.D., 1971 at or near Corner Brook, Newfoundland, did unlawfully traffic in a narcotic (cannabis marijuana) contrary to section 4(1) of the Narcotic Control Act". The accused failed to object to the sufficiency of the information at trial and raised an objection without notice at the appeal hearing. Accused objected on the grounds that the information did not set out the form of trafficking or with whom it took place. Since the accused was not prejudiced by the form of the information and failed to make a timely objection to the information, the appeal court held that the accused could not raise the objection on appeal.

The appeal court held in any event that it was not necessary for the information to set out the form of trafficking under section 2 of the Narcotic Control Act or the person with whom the trafficking took place. The appeal court held that the information contained all essential ingredients of the charge in accordance with section 510 of the Criminal Code. The appeal court stated that the nonessential particulars which were not included could have been obtained by the accused pursuant to Section 516 of the Criminal Code. Further, the appeal court held that the information was saved by Section 512 of the Criminal Code, which provided that an information lacking in details is not sufficient if it complies with Section 510.

Criminal Law - Topic 5853

Sentencing - Sentence, particular offences - Conviction for trafficking in marijuana - Prior conviction for same offence - Newfoundland Court of Appeal held sentence of 4 years' imprisonment not excessive.

Criminal Law - Topic 7268

Summary conviction proceedings - Informations - Objections, time for - Information - Narcotic Control Act - Sufficiency of information for trafficking in narcotics - No objection to information by accused at trial - Objection by accused without notice at appeal hearing - Information did not set out form of trafficking or with whom trafficking took place - Newfoundland Court of Appeal held that since accused was not prejudiced by the information and failed to make timely objection, accused could not raise objection on appeal - Appeal court held in any event that information contained all essentials and it was unnecessary to set out form of trafficking.

Cases Noticed:

Re Mills v. The Queen (1972), 5 C.C.C. 112, dist.

Brodie v. The Queen, [1936] 3 D.L.R. 81; 65 C.C.C. 289; [1936] S.C.R. 188, dist.

Shumiatcher v. S.G. Sask. (1962), 133 C.C.C. 69, dist.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 510, sect. 512, sect. 516.

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

Counsel:

Fabian O'Dea, Q.C., for the Appellant, accused;

Frederick R. Woolridge, for the Respondent, Crown.