Courts Martial

Decision Information

Hannah M.B.A. (Private), R. v.

Collection Courts Martial
Date 2013-05-15
Neutral citation 2013 CM 2012
Docket 201276
Judge P.J. Lamont
Decision type Finding
Decision status Available
Type of Court Martial Standing Court Martial
See also See also - Hannah M.B.A. (Private), R. v. - 2013 CM 2011 - 2013-05-15 - Charter Decisions
See also - Hannah M.B.A. (Private), R. v. - 2013 CM 2013 - 2013-05-15 - Sentence
Notes

CMAC 563 - Appeal Dismissed

R. v. Moriarity 2014 CMAC 1 (2014-01-20)

R. v. Moriarity, 2015 SCC 55, [2015] 3 S.C.R. 485 (2015-11-19)

Summary:

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 Charge 2: Withdrawn.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

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.