R. v. Kim

R. v. Kim

On the totality of the circumstantial evidence the only reasonable inference was that Kim had knowledge of and control over the controlled substances and firearms in Unit 1204 such that he constructively possessed them; accordingly the accused was guilty beyond a reasonable doubt on all 14 counts.

Source-derived case information.

Citation
2021 BCSC 2017
Parties
Crown: Regina; Accused: Billie Onare Kim
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 October 2021
Procedural Posture
Criminal / Trial Judgment
Outcome
Guilty on all counts
Legal Topics
Constructive Possession, Possession for the Purpose of Trafficking, Circumstantial Evidence, Inference of Knowledge, Search and Seizure (search Warrant)
Source Language
english
Criminal Law Controlled Substances Firearms Law Evidence Law Constructive Possession Possession for the Purpose of Trafficking Circumstantial Evidence Inference of Knowledge +1 more

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Parties

Regina

Crown

Billie Onare Kim

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused had the knowledge and control required for constructive possession of drugs located in Unit 1204
  2. 2 Whether the accused had the knowledge and control required for constructive possession of firearms located in Unit 1204
  3. 3 Whether circumstantial evidence adduced by the Crown leaves any reasonable inference other than guilt

Ratio Decidendi

On the totality of the circumstantial evidence the only reasonable inference was that Kim had knowledge of and control over the controlled substances and firearms in Unit 1204 such that he constructively possessed them; accordingly the accused was guilty beyond a reasonable doubt on all 14 counts.

Court Disposition

Guilty on all counts

Orders

  • Accused found guilty on all 14 counts on the indictment (nine counts of possession for the purpose of trafficking under the CDSA and five weapons offences under the Criminal Code).