R. v. Jenkins

R. v. Jenkins

The Crown failed to prove beyond a reasonable doubt that the accused had the requisite care, control and knowledge to establish constructive or joint possession of the trailer cocaine for trafficking; however the accused knowingly possessed a small baggie (spat out when directed) and is guilty of simple possession.

Source-derived case information.

Citation
2014 BCSC 493
Parties
Crown: Regina; Accused: Paul David Jenkins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 March 2014
Procedural Posture
Criminal Possession for Purpose of Trafficking / Trial (oral Reasons for Judgment)
Outcome
Accused acquitted of possession for the purpose of trafficking; convicted of simple possession
Legal Topics
Possession, Trafficking, Constructive Possession, Joint Possession, Circumstantial Evidence, Included Offence
Source Language
english
Criminal Law Possession Trafficking Constructive Possession Joint Possession Circumstantial Evidence Included Offence

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Parties

Regina

Crown

Paul David Jenkins

Accused

Procedural Posture

Criminal Possession for Purpose of Trafficking / Trial (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether the accused was in possession of cocaine for the purpose of trafficking within s.4(3) of the Criminal Code
  2. 2 Whether constructive or joint possession of the trailer contents was established beyond a reasonable doubt
  3. 3 Whether simple possession is an included offence established by the evidence

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused had the requisite care, control and knowledge to establish constructive or joint possession of the trailer cocaine for trafficking; however the accused knowingly possessed a small baggie (spat out when directed) and is guilty of simple possession.

Court Disposition

Accused acquitted of possession for the purpose of trafficking; convicted of simple possession

Orders

  • Acquitted of indictment (possession for the purpose of trafficking)
  • Convicted of simple possession