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R. V. Keilty - Research Paper

R. V. Keilty


In the case R.v.Keilty the accused, Keilty, was charged and convicted of
trafficking in narcotics. He then appealed to the Supreme Court of Canada on
the grounds that the trial judge erred in law. The facts in the case were not
disputed but the actual definition of possession under section 2 of the
Narcotic Control Act was the issue. The appellant never actually did sell the
narcotics nor did he at anytime have possession. It is illogical to convict a
person of possession when they don't actually have possession as defined in the
Criminal Code. Therefore is it logical to convict a person of trafficking if
there were no narcotics?

Crown arguments
The actual possession is irrelevant ...

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the defendant was convicted of possession and trafficking even though he
did not posses at any time the narcotics. In the case R.v.Piscopo it was
demonstrated that an accused can be convicted upon circumstantial evidence. The
accused can be convicted using all of the aforementioned cases. Another issue
is that if this case becomes precedent it would open a "floodgate" or loophole
in the law where other criminals may escape through. This would allow for more
dangerous dealers of narcotics, who operate their business "long distance" to
escape prosecution because they never actually had the narcotics in their
possession.

Appellant arguments
A person should not be stigmatized by conviction for a criminal offense
they did not actually commit.. The case R.v.Vallancourt illustrates the use of
the "stigma" test. A person who is convicted of possession should not be also
branded as a trafficker of narcotics also. Another principle brought to the
court from the R.v.Vallancourt case ...

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R. V. Keilty. (2005, April 29). Retrieved December 23, 2024, from http://www.essayworld.com/essays/R-V-Keilty/26088
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PAPER DETAILS
Added: 4/29/2005 02:30:25 AM
Category: Government
Type: Premium Paper
Words: 729
Pages: 3

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