R. v. Elsby

R. v. Elsby

The court accepted police evidence and rejected defence witnesses as not credible; items (5.1 kg marijuana, SKS rifle, 12-gauge shotgun) were in plain view in the upstairs bedroom proximate to the accused's wallet and mail, combined with the strong odour, prior history and occupancy factors supported an inference of knowledge and a measure of control; therefore the Crown proved constructive possession and trafficking for the marijuana and possession and careless storage and prohibition breaches for two firearms beyond a reasonable doubt; evidence was insufficient to prove possession of the Waffenfabrik rifle, ammunition generally, and the two banana clips beyond a reasonable doubt due to...

Citation
2012 BCSC 125
Parties
Crown: Regina; Accused: John Cyril Elsby
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 January 2012
Procedural Posture
Criminal Possession, Trafficking and Firearms Offences / Trial Judgment (reasons for Judgment and Verdict)
Outcome
Convicted on Counts 1, 2, 3, 5, 6, 9 and 10; Acquitted on Counts 4, 7, 8, 11, 12, 13, 14 and 15.
Legal Topics
Constructive Possession, Possession for the Purpose of Trafficking, Careless Storage of Firearms, Prohibited Devices (high Capacity Magazines), Credibility and Circumstantial Evidence, Firearms Prohibition
Source Language
English
Criminal Law Controlled Substances Firearms Law Evidence Constructive Possession Possession for the Purpose of Trafficking Careless Storage of Firearms Prohibited Devices (high Capacity Magazines) +2 more

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Parties

Regina

Crown

John Cyril Elsby

Accused

Procedural Posture

Criminal Possession, Trafficking and Firearms Offences / Trial Judgment (reasons for Judgment and Verdict)

Legal Issues

  1. 1 Whether the Crown proved constructive possession (knowledge and measure of control) of marijuana beyond a reasonable doubt
  2. 2 Whether quantity of marijuana supported possession for the purpose of trafficking
  3. 3 Whether the accused possessed firearms and prohibited devices and violated storage and prohibition provisions

Ratio Decidendi

The court accepted police evidence and rejected defence witnesses as not credible; items (5.1 kg marijuana, SKS rifle, 12-gauge shotgun) were in plain view in the upstairs bedroom proximate to the accused's wallet and mail, combined with the strong odour, prior history and occupancy factors supported an inference of knowledge and a measure of control; therefore the Crown proved constructive possession and trafficking for the marijuana and possession and careless storage and prohibition breaches for two firearms beyond a reasonable doubt; evidence was insufficient to prove possession of the Waffenfabrik rifle, ammunition generally, and the two banana clips beyond a reasonable doubt due to...

Court Disposition

Convicted on Counts 1, 2, 3, 5, 6, 9 and 10; Acquitted on Counts 4, 7, 8, 11, 12, 13, 14 and 15.

Orders

  • Convicted on Counts 1, 2, 3, 5, 6, 9 and 10; Acquitted on Counts 4, 7, 8, 11, 12, 13, 14 and 15.