Quote:
Originally Posted by Beatle17
Original charge was possession of a controlled substance. Which in Canada is a Class 1 charge (not listed as a felony but that is technical wording)
What's the punishment for controlled substance?
It is illegal to possess, supply and produce. Possession of Class A drugs carries a maximum sentence of 7 years' imprisonment and a fine. Possession with intent to supply, trafficking offences and production of Class A drugs carry a maximum sentence of life imprisonment and a fine.
https://laws-lois.justice.gc.ca/eng/....8/page-3.html
So you are right, TECHNICALLY he wasn't charged with a felony, he just committed one and got a lenient judge. |
LOL. Turn in your law degree.
First, crimes in Canada are indictable, summary conviction or hybrid, meaning they can be handled either way. There's no "Class 1 Charge".
Second, your link goes to a page with offences is not what he was charged with - he wasn't charged with importing, he wasn't charged with producing and he wasn't charged with trafficking. Look on the previous page for simple possession: and then look at what happens for a first time offender charged with a summary conviction offence - a
maximum fine of $1K or 6 months. and the law is that maximum penalties are reserved for the worst examples of the crime. We know it was summary conviction because he was in provincial court. The max sentence for an indictable offence conviction means nothing in this case.
Third, a judge had nothing to do with it. The Crown prosecutor stayed the charges, apparently after being shown the weaknesses in his case by Richards' lawyer. A judge never ruled on anything.