R. v. Newman

R. v. Newman

Stabilized hydriodic acid (a commercially available product containing hydrogen iodide, water and a minor stabilizer) is by its chemical nature a mixture but remains a substance within the scope of Part 1 of Schedule VI; Part 3's extension to "preparations and mixtures" does not apply to items 20-23, so mixtures containing hydriodic acid are not exempt and the Crown proved the prohibited nature of the seized substance beyond a reasonable doubt.

Citation
2009 BCSC 93
Parties
Crown: Regina; Accused: Shawn Charles Leslie Newman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 January 2009
Procedural Posture
Criminal Indictment (controlled Drugs and Substances Act) / Trial; Judgment (conviction)
Outcome
Accused found guilty on counts 1 to 5 inclusive
Legal Topics
Precursor Control, Hydriodic Acid, Interpretation of Schedule VI, Definition of Mixture, Proof of Prohibited Substance
Source Language
English
Criminal Law Statutory Interpretation Regulatory Law Controlled Substances Regulation Precursor Control Hydriodic Acid Interpretation of Schedule VI Definition of Mixture +1 more

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Parties

Regina

Crown

Shawn Charles Leslie Newman

Accused

Procedural Posture

Criminal Indictment (controlled Drugs and Substances Act) / Trial; Judgment (conviction)

Legal Issues

  1. 1 Whether the substances seized were Class A precursor hydriodic acid
  2. 2 Whether Part 3 (preparations and mixtures) of Schedule VI exempts mixtures containing hydriodic acid
  3. 3 Proper interpretation of the terms "hydriodic acid" and "mixture" in the statutory scheme

Ratio Decidendi

Stabilized hydriodic acid (a commercially available product containing hydrogen iodide, water and a minor stabilizer) is by its chemical nature a mixture but remains a substance within the scope of Part 1 of Schedule VI; Part 3's extension to "preparations and mixtures" does not apply to items 20-23, so mixtures containing hydriodic acid are not exempt and the Crown proved the prohibited nature of the seized substance beyond a reasonable doubt.

Court Disposition

Accused found guilty on counts 1 to 5 inclusive

Orders

  • Accused guilty on counts 1 to 5