R. v. Schirmer

R. v. Schirmer

The Crown proved beyond a reasonable doubt that the accused was the man in the van and the man who fled and discarded the satchel, the accused had knowledge and control of the satchel and its contents as shown by matching scoresheets, possession of the satchel and accompanying indicia (quantities, variety, scales,...

Source-derived case information.

Citation
2020 BCSC 291
Parties
Prosecution: Regina; Accused: Horst Schirmer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 February 2020
Procedural Posture
Criminal Indictment (drug Trafficking, Possession, Prohibited Weapon) / Trial Judgment Rendered (conviction)
Outcome
Guilty on all counts
Legal Topics
Possession, Possession for the Purpose of Trafficking, Identification Evidence, Credibility of Witnesses, Expert Opinion Evidence
Source Language
english
Criminal Law Controlled Substances Weapons Law Evidence/identification Possession Possession for the Purpose of Trafficking Identification Evidence Credibility of Witnesses +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Horst Schirmer

Accused

Procedural Posture

Criminal Indictment (drug Trafficking, Possession, Prohibited Weapon) / Trial Judgment Rendered (conviction)

Legal Issues

  1. 1 Whether the accused possessed the GHB and the satchel found in the garden and van
  2. 2 Whether the accused possessed the drugs in the satchel for the purpose of trafficking
  3. 3 Whether the defence witness's account (Corey Jackson) is credible and creates reasonable doubt

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the accused was the man in the van and the man who fled and discarded the satchel, the accused had knowledge and control of the satchel and its contents as shown by matching scoresheets, possession of the satchel and accompanying indicia (quantities, variety, scales, packaging, expert opinion) supported an inference of possession for the purpose of trafficking, and possession of the GHB bottle was established by its presence at the accused's feet and a GHB recipe in his wallet; accordingly the accused was convicted on all counts.

Court Disposition

Guilty on all counts

Orders

  • Counts 1-4: Convicted of possession of cocaine, heroin/fentanyl and methamphetamine for the purpose of trafficking (PPT)
  • Count 5: Convicted of possession of GHB