R. v. Willie, (1985) 43 Sask.R. 281 (CA)

• Judge: Hall, Cameron and Gerwing, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 07, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 43 Sask.R. 281 (CA)

R. v. Willie (1985), 43 Sask.R. 281 (CA)

MLB headnote and full text

R. v. Willie

(No. 2031)

Indexed As: R. v. Willie

Saskatchewan Court of Appeal

Hall, Cameron and Gerwing, JJ.A.

November 7, 1985.

Summary:

The accused was charged, along with two others, with possession of cannabis marihuana for the purpose of trafficking, contrary to s. 4(2) of the Narcotic Control Act, and with trafficking in cannabis marihuana, contrary to s. 4(1) of the Act.

The Saskatchewan Court of Queen's Bench, in a decision unreported in this series of reports, acquitted the accused on the first count but convicted on the second count. The accused was fined $2,000.00 and put on probation for 24 months. The Crown applied for leave to appeal against sentence.

The Saskatchewan Court of Appeal allowed the appeal, set aside the fine and probation and imposed a sentence of 12 months' imprisonment.

Criminal Law - Topic 5806

Sentencing - Co-accused - Sentence parity - An accused received a $2,000.00 fine plus 24 months' probation for trafficking in marihuana, chiefly because the trial judge was influenced by the sentence imposed on a co-accused - The co-accused received a $1,000.00 fine, which was upheld by the Court of Appeal - The Saskatchewan Court of Appeal held that the accused in the case at bar was a willing participant, if not a principal, in the trafficking, rather than a naive dupe, as was the co-accused - The Court of Appeal substituted a one year term of imprisonment respecting the accused.

Criminal Law - Topic 5853

Sentence - Trafficking in a narcotic (marihuana) - 31 year old university graduate convicted of trafficking in marihuana - Appeared to be a willing participant, if not a principal, in the offence together with her common law husband - Separated from legal husband and children - Owned own home, had a business - Received absolute discharge respecting previous drug possession charge - The Saskatchewan Court of Appeal set aside a $2,000.00 fine and 24 months' probation and imposed 12 months' imprisonment.

Cases Noticed:

R. v. Tan (1975), 22 C.C.C.(2d) 184, refd to. [para. 20].

R. v. Toth, 5 C.C.C.(2d) 358, refd to. [para. 21].

R. v. Steinberg (1981), 15 Sask.R. 172, refd to. [para. 21].

R. v. Euinton (1981), 15 Sask.R. 169, refd to. [para. 21].

R. v. Dyck (1981), 13 Sask.R. 13, refd to. [para. 21].

R. v. Selinger (1985), 38 Sask.R. 81, refd to. [para. 21].

Counsel:

M. Kindrachuk, for the Crown;

K. Ready, for the respondent.

This appeal was heard before Hall, Cameron and Gerwing, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered on November 7, 1985, when the following opinions were filed:

Hall, J.A. - see paragraphs 1 to 15;

Cameron, J.A. - see paragraphs 16 to 21.

Gerwing, J.A., concurred with Hall, J.A.