R. v. Paterson

R. v. Paterson

Given the small size of the premises, the presence of tenancy documents and personal effects, drugs and firearms in plain view and readily accessible locations, large sums of cash, and no evidence of any other occupant or innocent explanation, the only reasonable inference beyond a reasonable doubt was that the...

Source-derived case information.

Citation
2012 BCSC 1680
Parties
Crown: Regina; Accused: Brendan Ward Paterson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 October 2012
Procedural Posture
Criminal Drug and Firearm Offences / Trial Judgment (conviction)
Outcome
Accused found guilty on all nine counts
Legal Topics
Constructive Possession, Possession for the Purpose of Trafficking, Knowledge and Control, Circumstantial Evidence, Admissibility of Search Evidence
Source Language
english
Criminal Law Controlled Drugs and Substances Act Firearms Law Evidence Search and Seizure Constructive Possession Possession for the Purpose of Trafficking Knowledge and Control +2 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Brendan Ward Paterson

Accused

Procedural Posture

Criminal Drug and Firearm Offences / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused had knowledge of and control over the drugs and firearms (constructive possession) found in the apartment
  2. 2 Whether circumstantial evidence of occupancy and items in plain view sufficed to infer control
  3. 3 Whether any innocent explanation was reasonably available

Ratio Decidendi

Given the small size of the premises, the presence of tenancy documents and personal effects, drugs and firearms in plain view and readily accessible locations, large sums of cash, and no evidence of any other occupant or innocent explanation, the only reasonable inference beyond a reasonable doubt was that the accused had knowledge of and the requisite measure of control over the drugs and firearms and therefore was guilty on all counts.

Court Disposition

Accused found guilty on all nine counts

Orders

  • Accused convicted on all nine counts