COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Ranger, 2016 ONCA 462

DATE: 20160610

DOCKET: C61445

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

[1] The 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.

[2] In 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.

[3] As 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.

[4] In these circumstances, it is unnecessary for us to deal with the arguments advanced by Mr. Adler.

[5] Accordingly, 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.”