R. v. Zebic, (1972) 2 Nfld. & P.E.I.R. 365 (NFCA)

• Judge: Furlong, C.J., and Puddester, J.
• Court: Newfoundland Court of Appeal
• Case Date: March 10, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 365 (NFCA)

R. v. Zebic (1972), 2 Nfld. & P.E.I.R. 365 (NFCA)

MLB headnote and full text

R. v. Zebic

Indexed As: R. v. Zebic

Newfoundland Supreme Court

On Appeal

Furlong, C.J., and Puddester, J.

March 10, 1972.

Summary:

The appeal court allowed the appeal by the Crown under Section 605(1) of the Criminal Code and increased the sentence of the female accused from 3 months to 6 months imprisonment. The accused was convicted of possession of narcotics for the purpose of trafficking. The appeal court stated that the factor of deterrence is a major consideration in sentencing for drug offences.

The appeal court dismissed the objection by the accused that Crown counsel did not have authority to bring the appeal under section 605(1). Crown counsel was instructed by the Director, Criminal Law Section, Department of Justice to bring the appeal. The appeal court considered the meaning of "counsel instructed . . . for the purpose" in section 605(1) and held that personal instruction by the Attorney General was unnecessary. The appeal court held further that the Attorney General could delegate the authority to instruct counsel on prosecutions and appeals and that the Director of the Criminal Law Section was an official who had the implied authority of the Attorney-General.

Criminal Law - Topic 4910

Appeals, indictable offences - Procedure - Notice of appeal or application for leave to appeal, signing of (and authority to sign) - Appeal by Crown under section 605(1) of Criminal Code from sentence for possession of narcotics for purpose of trafficking - Authority to appeal - Meaning of "counsel instructed ... for the purpose" in section 605(1) of the Criminal Code - Newfoundland Court of Appeal held that it was not necessary for the Attorney General to give personal instruction to counsel to appeal - Appeal court held further that the Attorney General may delegate the authority to instruct counsel on prosecutions and appeals.

Criminal Law - Topic 5850

Sentencing - Trafficking in a narcotic (incl. possession for purposes of trafficking) - Conviction of female for possession of narcotics for purpose of trafficking - Marijuana and hashish - Newfoundland Court of Appeal held sentence of 3 months' inadequate and increased sentence of accused to 6 months' imprisonment.

Cases Noticed:

R. v. Martin, 1 Nfld. & P.E.I.R. 178, not folld.

R. v. Green (1971), 2 N.B.R.(2d) 903; 1 C.C.C.(3d) 145, not folld.

R. v. Wiens (1970), 74 W.W.R. 639, folld.

Lewisham (Borough) v. Roberts, [1949] 1 All E.R. 815, refd to.

Statutes Noticed:

Criminal Code of Canada, S.C. 1953-54, c. 51, sect. 605(1).

Counsel:

Fintan J. Aylward, for the Appellant Crown;

Leo D. Barry, for the Respondent Accused.