R. v. Pandher

R. v. Pandher

The Crown did not prove beyond a reasonable doubt that Pandher knew of or was wilfully blind to the heroin because the accused's consistent account, corroborated leads implicating third parties, the similar Sihota incident, and inadequate police investigation and late disclosure created a reasonable doubt as to knowledge.

Citation
2014 BCSC 367
Parties
Crown: Regina; Accused: Chamkaur Singh Pandher
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 January 2014
Procedural Posture
Criminal Importation and Possession for Trafficking Under Controlled Drugs and Substances Act / Trial Judgment (acquittal)
Outcome
Acquitted on both counts
Legal Topics
Importation of Narcotics, Possession for Purpose of Trafficking, Knowledge and Wilful Blindness, Reasonable Doubt, Police Investigation and Disclosure Obligations, W.(d.) Direction
Source Language
English
Criminal Law Drug Offences Evidence Disclosure Importation of Narcotics Possession for Purpose of Trafficking Knowledge and Wilful Blindness Reasonable Doubt +2 more

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Parties

Regina

Crown

Chamkaur Singh Pandher

Accused

Procedural Posture

Criminal Importation and Possession for Trafficking Under Controlled Drugs and Substances Act / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether Crown proved beyond a reasonable doubt that accused knew of the heroin concealed in his luggage or was wilfully blind to its presence
  2. 2 Whether failures in police investigation and disclosure created a reasonable doubt that the Crown failed to rebut the accused's defence of lack of knowledge

Ratio Decidendi

The Crown did not prove beyond a reasonable doubt that Pandher knew of or was wilfully blind to the heroin because the accused's consistent account, corroborated leads implicating third parties, the similar Sihota incident, and inadequate police investigation and late disclosure created a reasonable doubt as to knowledge.

Court Disposition

Acquitted on both counts

Orders

  • Verdicts of acquittal entered on both counts of the indictment.