R. v. Yewman, (1988) 66 Sask.R. 117 (CA)

• Judge: Cameron, Wakeling and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 03, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 66 Sask.R. 117 (CA)

R. v. Yewman (1988), 66 Sask.R. 117 (CA)

MLB headnote and full text

Her Majesty the Queen (respondent) v. John Alexander Yewman (appellant)

(No. 3035)

Indexed As: R. v. Yewman

Saskatchewan Court of Appeal

Cameron, Wakeling and Sherstobitoff, JJ.A.

March 3, 1988.

Summary:

The accused was convicted of possession of cannabis marihuana for the purpose of trafficking contrary to s. 4(2) of the Narcotic Control Act, and sentenced to four years' imprisonment. The accused appealed against sentence.

The Saskatchewan Court of Appeal, Wakeling, J.A., dissenting, allowed the appeal and reduced the sentence to two years' imprisonment.

Criminal Law - Topic 5853

Sentence - Trafficking in a narcotic (marihuana) - 39 year old small businessman stored in his garage 174 lbs of marihuana belonging to others - Knew that it would be distributed and sold and himself authorized to make small sales, i.e. sold 27 lbs for $1,000.00 - Treated as a "middle man" by the court - Two prior convictions for possession of marihuana - The Saskatchewan Court of Appeal reduced the accused's sentence from four to two years' imprisonment.

Cases Noticed:

R. v. Euinton (1981), 15 Sask.R. 169, refd to. [para. 9].

R. v. Steinberg (1981), 15 Sask.R. 172, refd to. [para. 9].

Counsel:

T. Dore, for the appellant;

B. Miller, for the Crown.