COURT OF APPEAL FOR ONTARIO
Sharpe, Watt and Brown JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Michael Ranger
Appellant
Counsel:
Leo Adler, for the appellant
Vanita Goela, for the respondent
Heard and released orally: June 7, 2016
On appeal from the conviction entered on October 9, 2014 and the sentence imposed on January 29, 2015 by Justice M. Gregory Ellies of the Superior Court of Justice, sitting without a jury.
ENDORSEMENT
1The appellant was convicted of possession of a controlled drug for the purpose of trafficking. He was sentenced to four months’ imprisonment and eighteen months’ probation. He raises a number of grounds in his conviction appeal and seeks leave to appeal sentence although he has served all but ten days of the custodial term.
2In her oral submissions, counsel for the Crown conceded that the conviction for possession for the purpose of trafficking could not be sustained on this record. She asked us to substitute a conviction for simple possession.
3As the drugs in question were prescription medications for which the appellant had prescriptions, we do not agree that a conviction for simple possession can be substituted. Absent a purpose to traffic, the appellant’s possession of the drugs was lawful.
4In these circumstances, it is unnecessary for us to deal with the arguments advanced by Mr. Adler.
5Accordingly, we allow the appeal, set aside the conviction and enter an acquittal.
“Robert J. Sharpe J.A.”
“David Watt J.A.”
“David Brown J.A.”