+ 1-888-787-5890  
   + 1-302-351-4405  
 
 
 
 

Essay/Term paper: R vs keilty

Essay, term paper, research paper:  Law

Free essays available online are good but they will not follow the guidelines of your particular writing assignment. If you need a custom term paper on Law: R Vs Keilty, you can hire a professional writer here to write you a high quality authentic essay. While free essays can be traced by Turnitin (plagiarism detection program), our custom written essays will pass any plagiarism test. Our writing service will save you time and grade.


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 because section 2 of the Narcotic Control Act states that trafficking means:
(a) to manufacture, sell, give, administer, transport, send, deliver, or distribute, or
(b) offer to do anything referred to in paragraph (a) otherwise than under the authority of this Act or the regulation
The appellant obviously offered to sell the narcotics to the officer and as in R.v.Mancuso he should be found guilty.
Also the actual physical possession is not necessarily needed to be proven as was in R.v.Russo where 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 is that a crime requires a minimal state of mental blameworthiness. This means that the person must bear a certain degree of moral fault for what he did. To convict the accused of trafficking in narcotics when everyone acknowledges that there were no narcotics would seem to violate this principle.
Using the rational connection established in the R.v.Oakes it would appear as if the government of Canada is trying to reduce trafficking but if a person who did not posses or sell any narcotics is convicted that conviction does not further that objective.
In the case R.v.Oakes the reverse onus clause was declared ultra viries and gave great weight to the rational connection test. The accused, who was convicted of possession for a small amount of narcotics, was acquitted of trafficking. If a small amount of narcotics cannot support a conviction how can a conviction be made where there was no narcotics?

Decision
After hearing both the Crown's and Appellant's arguments I have decided that the trial judge was correct. The floodgate argument by the Crown was a major point to consider because a loophole in the law would have been created. More dangerous offenders could traffic in narcotics without being in possession of them at any time. The appellant offered to sell the narcotics to the officer even though he did not actually make the narcotics available to the officer the law states that he is guilty because he offered to get them for the officer.. However by law he cannot be convicted of possession because he did not have possession as defined in the Criminal Code which states
4.(1) For the purposes of this Act,
(a)a person who has anything in possession when he has it in his personal possession knowingly
(I) has it in the actual possession or custody of another person, or
(ii)Has it in any place, wether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person...

. Possession does not have to be proven in order for a conviction in trafficking to be upheld. The appeal is dismissed

 

Other sample model essays:

The Effects of Race on Sentencing in Capital Punishment Cases Throughout history, minorities have been ill-represented in the criminal justice system, particularly in cases where the pos...
Rawls theory of justice revolves around the adaptation of two fundamental principles of justice which would, in turn, guarantee a just and morally acceptable society. The first principle guarantee...
Law does not Drive...
One might take the view that society should be tolerant to any religion so long as it conforms to our laws and written constitution. At first glance, this statement seems as fit an answer as poss...
REVIVING THE DEATH PENALTY "An eye for an eye, a tooth for a tooth" is one of the oldest and most famous sayings in the world. It comes from the Mosaic Law in the Bible and it is an ...
Robert Bork's The Right of Privacy examined the landmark case Griswald v. Conneticut. Bork's "originalist" view proclaimed that Justice Douglas erroneously interpreted the right of privacy from the...
Setting up a Dummy Corporation... How to get anything you ever wanted for free... The "system" is a series of checks and balances. It's an insiders club and unless you know t...
SEXUAL HARASSMENT Just 20 years ago, in most states a woman could not sign an apartment lease, get a credit rating, or apply for a loan unless her husband or a male relative agreed to share ...
Scott Nagao 3/10/97 Period 7 essay About 32 years ago, in December of 1965, a group of adults and students from Des Moines, Iowa gathered to show their dislike towards Ame...
Summary 18 year old Darren Huenemann of Saanich, British Columbia seemed to be a model student, friend, son and grandson. His mother Sharon called him the "perfect gentleman", as did most of ...
Experience with Dream Essay - Reliable and great customer service. Quality of work - High quality of work.
, ,
Dream Essay - Very reliable and great customer service. Encourage other to try their service. Writer 91463 - Provided a well written Annotated Bibliography with great deal of detail per th
, ,
it is always perfect
, ,
The experience with Dream Essay is stress free. Service is excellent and forms various forms of communication all help with customer service. Dream Essay is customer oriented. Writer 17663
, ,
Only competent & proven writers
Original writing — no plagiarism
Our papers are never resold or reused, period
Satisfaction guarantee — free unlimited revisions
Client-friendly money back guarantee
Total confidentiality & privacy
Guaranteed deadlines
Live Chat & 24/7 customer support
All academic and professional subjects
All difficulty levels
12pt Times New Roman font, double spaced, 1 inch margins
The fastest turnaround in the industry
Fully documented research — free bibliography guaranteed
Fax (additional info): 866-332-0244
Fax (additional info): 866-308-7123
Live Chat Support
Need order related assistance?—Click here to submit a inquiry
© Dreamessays.com. All Rights Reserved.
Dreamessays.com is the property of MEDIATECH LTD