R. v. Ziaee

R. v. Ziaee

Given the totality of the evidence — contemporaneous incriminating text exchange arranging a meeting, Matheson’s phone replying, Matheson found with keys that opened Unit 306 and both safes (one containing significant narcotics), tools and scale with cocaine residue, expert evidence on stash house practice,...

Source-derived case information.

Citation
2016 BCSC 2575
Parties
Crown: Regina; Co‑accused: Ali Arash Ziaee; Accused: Zachary Scott Matheson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 December 2016
Procedural Posture
Criminal Narcotics / Judgment After Trial (oral Reasons)
Outcome
Accused found guilty on Counts 1, 2, 3 and 4
Legal Topics
Constructive Possession, Joint Possession, Knowledge and Control, Expert Opinion Evidence, S.21(1) Party Liability, Search Warrant/stash House
Source Language
english
Criminal Law Controlled Drugs and Substances Act Evidence Circumstantial Evidence Possession Law Party Liability Constructive Possession Joint Possession Knowledge and Control +3 more

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Parties

Regina

Crown

Ali Arash Ziaee

Co‑accused

Zachary Scott Matheson

Accused

Procedural Posture

Criminal Narcotics / Judgment After Trial (oral Reasons)

Legal Issues

  1. 1 Whether Crown proved beyond a reasonable doubt that Matheson had knowledge of and control over narcotics found in Unit 306 (constructive and/or joint possession)
  2. 2 Whether circumstantial evidence and expert opinion supported inference of possession rather than an alternative inference (marijuana-only trafficking)
  3. 3 Whether Matheson is criminally liable as a party under s.21(1) Criminal Code

Ratio Decidendi

Given the totality of the evidence — contemporaneous incriminating text exchange arranging a meeting, Matheson’s phone replying, Matheson found with keys that opened Unit 306 and both safes (one containing significant narcotics), tools and scale with cocaine residue, expert evidence on stash house practice, surveillance and conduct at arrest — the only reasonable inference beyond a reasonable doubt is that Matheson had knowledge of and some measure of control over the narcotics in Unit 306 and over the cocaine in Ziaee’s possession; therefore Matheson was in constructive and joint possession and is guilty on the counts charged (and alternatively guilty as a party under s.21(1)).

Court Disposition

Accused found guilty on Counts 1, 2, 3 and 4

Orders

  • Accused Zachary Scott Matheson convicted on Counts 1, 2, 3 and 4 (possession for the purpose of trafficking)
  • Alternatively convicted as a party to Ziaee’s possession pursuant to s.21(1) Criminal Code