R. v. Sanghera

R. v. Sanghera

Applying established law on possession and the totality of admissible circumstantial and direct evidence the court concluded beyond a reasonable doubt that Boby Sanghera and Navdip Sanghera jointly possessed the three hidden loaded handguns: Boby as renter/driver with unusual delayed/erratic reaction to police...

Source-derived case information.

Citation
2012 BCSC 733
Parties
Crown: Regina (Crown); Accused: Boby Barjinder Sanghera; Accused: Navdip Singh Sanghera; Accused: Charanjit Singh Rangi; Accused: Savdip Sanghera; Accused: Jaspreet Singh Virk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 May 2012
Procedural Posture
Criminal / Trial Judgment (reasons for Judgment)
Outcome
Findings: Convicted — Boby Barjinder Sanghera: guilty counts 1-4 (unlawful possession/being occupant who knew firearm was present) and count 6 (breach of recognizance). Navdip Singh Sanghera: guilty counts 1-5 (unlawful possession of the three firearms and breaching firearms prohibition); not guilty on count 10...
Legal Topics
Possession, Constructive and Joint Possession, DNA Evidence, Intercepted Communications (wiretap), Search and Seizure, Motive/animus
Source Language
english
Criminal Law Firearms Offences Evidence Possession Constructive and Joint Possession DNA Evidence Intercepted Communications (wiretap) Search and Seizure +1 more

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Parties

Regina (Crown)

Crown

Boby Barjinder Sanghera

Accused

Navdip Singh Sanghera

Accused

Charanjit Singh Rangi

Accused

Savdip Sanghera

Accused

Jaspreet Singh Virk

Accused

Procedural Posture

Criminal / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether Boby Sanghera, Navdip Sanghera, Charanjit Rangi and Jaspreet Virk had possession of three handguns hidden in a rented Chrysler on November 8, 2008
  2. 2 Whether Savdip Sanghera was the person who arranged/ transferred a CZ85 on January 31, 2009 in intercepted calls
  3. 3 Whether Navdip Sanghera possessed the CZ85 between January 22 and February 1, 2009

Ratio Decidendi

Applying established law on possession and the totality of admissible circumstantial and direct evidence the court concluded beyond a reasonable doubt that Boby Sanghera and Navdip Sanghera jointly possessed the three hidden loaded handguns: Boby as renter/driver with unusual delayed/erratic reaction to police directions and control of the vehicle; Navdip by DNA profiles matching two guns and admissions in intercepted calls. The court also concluded beyond a reasonable doubt that Savdip Sanghera was the seller who arranged and transferred the CZ85 on January 31, 2009 based on reliable voice identifications and corroborating call records; however the Crown failed to prove beyond a...

Court Disposition

Findings: Convicted — Boby Barjinder Sanghera: guilty counts 1-4 (unlawful possession/being occupant who knew firearm was present) and count 6 (breach of recognizance). Navdip Singh Sanghera: guilty counts 1-5 (unlawful possession of the three firearms and breaching firearms prohibition); not guilty on count 10...

Orders

  • Convict and enter judgment of guilt against Boby Barjinder Sanghera on counts 1-4 and count 6
  • Convict and enter judgment of guilt against Navdip Singh Sanghera on counts 1-5; enter acquittal on count 10