R. v. Wellington

R. v. Wellington

On the whole of the evidence the Crown proved beyond a reasonable doubt that the accused had knowledge and control of the drugs and the prohibited handgun: the accused occupied the unit and the bedroom containing the safe, his personal documents were in the closet and inside the safe, his fingerprints were on a book recording trafficking activity, and expert/common sense evidence supported that a dealer would keep stash and personal documents together; therefore constructive possession was established and the accused was guilty on all five counts.

Citation
2017 BCSC 2620
Parties
Crown: Regina; Accused: Cody Carl Charles Wellington
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 January 2017
Procedural Posture
Criminal Possession and Trafficking; Firearms Offence / Trial — Judgment Delivered
Outcome
Accused found guilty on all five counts
Legal Topics
Constructive Possession, Circumstantial Evidence, Search Warrant, Joint Possession, Burden of Proof Beyond Reasonable Doubt
Source Language
English
Criminal Law Evidence Law Firearms Law Drug Offences Constructive Possession Circumstantial Evidence Search Warrant Joint Possession +1 more

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Parties

Regina

Crown

Cody Carl Charles Wellington

Accused

Procedural Posture

Criminal Possession and Trafficking; Firearms Offence / Trial — Judgment Delivered

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused possessed the drugs and the prohibited firearm
  2. 2 Whether circumstantial evidence supported an inference of knowledge and control by the accused rather than other reasonable explanations
  3. 3 Whether alternative inferences raised by the defence were plausible and reasonable

Ratio Decidendi

On the whole of the evidence the Crown proved beyond a reasonable doubt that the accused had knowledge and control of the drugs and the prohibited handgun: the accused occupied the unit and the bedroom containing the safe, his personal documents were in the closet and inside the safe, his fingerprints were on a book recording trafficking activity, and expert/common sense evidence supported that a dealer would keep stash and personal documents together; therefore constructive possession was established and the accused was guilty on all five counts.

Court Disposition

Accused found guilty on all five counts

Orders

  • Accused found guilty on all five counts of the indictment