Courts Martial
Decision Information
Date of commencement of the trial: 18 March 2013.
Location: CFB Gagetown, building F-1, Oromocto, NB.
Charges
•Charges 1, 2: S. 130 NDA, trafficking of a substance included in Schedule IV (s. 5(1) CDSA).
•Charge 3: S. 130 NDA, unlawful selling of a substance containing a drug included in Schedule F contrary to s. C.01.041(1.1) of the Food and Drug Regulations (s. 31 FDA).
Results
•FINDINGS: Charges 1, 3: Guilty. Charge 2: Withdrawn.
•SENTENCE: A reprimand and a fine in the amount of $2000.
Decision Content
COURT MARTIAL
Citation: R v Hannah, 2013 CM 2012
Date: 20130515
Docket: 201276
Standing Court Martial
Canadian Forces Base Gagetown
Oromocto, New Brunswick, Canada
Between:
Her Majesty the Queen
- and -
Private M.B.A. Hannah, Offender
Before: Commander P.J. Lamont, MJ
FINDING
(Orally)
[1] Private Hannah, this court finds you guilty of the two charges in the charge sheet.
[2] The admitted facts of the offences in Exhibit 3 establish that the accused received $400 from another member on his training course for the purpose of purchasing anabolic steroids. The accused made the purchase in London, Ontario and arranged for the substances to be mailed to himself at Canadian Forces Base Gagetown, and when the material arrived he delivered the substances in two containers to the requesting member. The substances were discovered by the course staff during an inspection of the barracks, and were analyzed to be the substances named in the two charges. The accused admitted his role under questioning by the NIS investigator.
[3] In argument before me the defence appeared to concede that if the Charter application attacking section 130(1)(a) failed then it was a proper case for a finding of guilty on all two charges. In my view the concession was correctly made. I am satisfied beyond a reasonable doubt that Private Hannah is guilty of the two charges in the charge sheet.
Counsel:
Lieutenant-Commander D. Reeves, Canadian Military Prosecution Services
Counsel for Her Majesty the Queen
Major C.E. Thomas, Directorate of Defence Counsel Services
Counsel for Private Hannah