R. v. Greer

R. v. Greer

On the whole of the evidence the Crown proved beyond a reasonable doubt that Greer had knowledge of and a measure of control over the weapons found at the Hillside residence — ownership and occupation of the master bedroom, ties to an on‑site drug operation (score sheets, palm print, ammunition, Kevlar vest), recent contact with the undercover officer, and the placement and accessibility of the shotgun in the living room support constructive possession of the Mossberg shotgun and ROHM pistol and that the Winchester rifle was stored carelessly, therefore conviction on Counts 6, 7 and 8 is warranted.

Citation
2020 BCSC 1878
Parties
Crown: Regina; Accused: Timothy James Greer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2020
Procedural Posture
Criminal Indictment / Trial Judgment (conviction)
Outcome
Guilty on Counts 6, 7 and 8 of the indictment
Legal Topics
Constructive Possession, Joint Possession, Careless Storage of Firearm, Circumstantial Evidence, Credibility Assessment, Standard of Proof Beyond Reasonable Doubt
Source Language
English
Criminal Law Firearms Law Controlled Drugs and Substances Act Enforcement Evidence Law Constructive Possession Joint Possession Careless Storage of Firearm Circumstantial Evidence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Timothy James Greer

Accused

Procedural Posture

Criminal Indictment / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the accused had knowledge of and control over the firearms found in the residence
  2. 2 Whether the Crown proved constructive or joint possession beyond a reasonable doubt
  3. 3 Whether the Winchester rifle was stored carelessly contrary to s.86(1) of the Criminal Code

Ratio Decidendi

On the whole of the evidence the Crown proved beyond a reasonable doubt that Greer had knowledge of and a measure of control over the weapons found at the Hillside residence — ownership and occupation of the master bedroom, ties to an on‑site drug operation (score sheets, palm print, ammunition, Kevlar vest), recent contact with the undercover officer, and the placement and accessibility of the shotgun in the living room support constructive possession of the Mossberg shotgun and ROHM pistol and that the Winchester rifle was stored carelessly, therefore conviction on Counts 6, 7 and 8 is warranted.

Court Disposition

Guilty on Counts 6, 7 and 8 of the indictment

Orders

  • Convicted on Counts 6 (possession of prohibited Mossberg shotgun), 7 (possession of prohibited ROHM pistol) and 8 (careless storage of Winchester 30-30 rifle)