From Criminal Law Notebook
Generally
| Case Name |
Summary
|
R v MacLeod and Powell
2012 MBPC 21 (CanLII), per Curtis J |
constructive possession of handguns is apartment
|
| R v Mitchell, 2012 ONSC 1602 (CanLII), per Backhouse J |
conviction -- machine gun found under bed of accused, accused and father testified to not knowing of it and of someone else putting it there.
|
Actual or Constructive Possession
Items in a House
| Case Name |
Summary
|
| R v Rolston, 2013 ABQB 37 (CanLII), per Verville J |
not guilty
|
| R v Sampson, 2009 NSSC 133 (CanLII), per Wright J |
drugs in coat in apartment not enough
|
| R v Brar, 2008 MBQB 133 (CanLII), per MacInnes JA |
no possession of drugs in apartment
|
| R v Nguyen, 2005 ABQB 544 (CanLII), per Veit J |
the judge stated that where at least two persons could have a connection to a grow-op found in building, the court cannot simply infer possession, regardless of whether the accused knew about the presence of the operation.
|
| R v Berube, 2004 ABQB 131 (CanLII), per Ross J |
The judge quashed committal to stand trial due to lack of evidence of control over drugs in house. Accused was girlfriend sleeping over at her boyfriend’s house. see para 16
|
| R v Dritsas, 2003 MBQB 210 (CanLII), per Beard J |
drugs in apartment found in possession
|
| R v Egresits, 2002 BCCA 163 (CanLII), per Huddart JA |
accused aquitted on the basis of a lack of evidence allowing for interference of possession of grow-op found in house. There were four people linked to grow-op, evidence did not exclude alternatives to possession.
|
Items in Vehicle
| Case Name |
Summary
|
| R v Dang, 2012 ABPC 208 (CanLII), per Fradsham J |
not guilty -- accused driver not in possess of drugs in trunk
|
| R v Muthuthevar, 2012 ONSC 4008 (CanLII), per Boswell J |
-
|
| R v Ahmadzai, 2012 BCCA 215 (CanLII), per MacKenzie JA |
affirmed guilt - driver of vehicle with multiple weapons found in vehicle. Co-accused passenger acquitted.
|
| R v Sanghera, 2012 BCSC 733 (CanLII), per Holmes J |
guilty - three persons in joint possession of guns in vehicle
|
| R v Lewandoski, 2011 MBQB 247 (CanLII), per Greenberg J |
guilty -- constructive possession of drugs in vehicle
|
| R v Stubbs, 2012 ONSC 2352 (CanLII), per Backhouse J |
guilty -- judge found accused to be sole driver of vehicle he claimed was his own, gun found within reach of driver. Did not believe accused version.
|
Items in a Locker
| Case Name |
Summary
|
| R v Hehn, 2008 BCCA 170 (CanLII), per curiam |
acquitted -- drugs found in storage locker. Accused was see entering and exiting with a known drug dealer, unit keys found on accused, personal items of accused found in a locker. Judge not certain whether accused was dupe. No evidence showing whether known dealer did not have key.
|
