R. v. Karaim

R. v. Karaim

On the totality of admissible evidence the Crown proved beyond a reasonable doubt that Alina Karaim had knowledge of and a sufficient measure of control over the drugs found in the drawer under the passenger seat and that she possessed them for the purpose of trafficking based on fingerprints on the GHB bottle,...

Source-derived case information.

Citation
2023 BCSC 502
Parties
Crown: Rex; Accused: Alina Marie Karaim; Accused: Darren Michael Kinney
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 March 2023
Procedural Posture
Criminal Controlled Drugs and Substances Act Offences (possession for Purpose of Trafficking) / Trial Judgment Following Voir Dire and Trial Continuation
Outcome
Alina Marie Karaim convicted on all counts of possession for the purpose of trafficking; Darren Michael Kinney acquitted of all charges.
Legal Topics
Possession, Constructive and Joint Possession, Trafficking, Circumstantial Evidence, Hearsay and Exculpatory Statements, Credibility and W.(d.) Instruction, S.24(2) Charter Exclusion Applications
Source Language
english
Criminal Law Controlled Drugs and Substances Act Evidence Search and Seizure Charter of Rights and Freedoms Possession Constructive and Joint Possession Trafficking +4 more

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Parties

Rex

Crown

Alina Marie Karaim

Accused

Darren Michael Kinney

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offences (possession for Purpose of Trafficking) / Trial Judgment Following Voir Dire and Trial Continuation

Legal Issues

  1. 1 Whether each accused had knowledge of and control over the drugs found in the vehicle
  2. 2 Whether the drugs were possessed for the purpose of trafficking
  3. 3 Admissibility and weight of exculpatory out-of-court statements by the accused

Ratio Decidendi

On the totality of admissible evidence the Crown proved beyond a reasonable doubt that Alina Karaim had knowledge of and a sufficient measure of control over the drugs found in the drawer under the passenger seat and that she possessed them for the purpose of trafficking based on fingerprints on the GHB bottle, accessible location of drugs and paraphernalia, large sorted cash in her purse, packaging and scale, expert trafficking evidence and vehicle usage; by contrast reasonable doubt remained as to Darren Kinney's knowledge and control given lack of forensic links, credible explanation gaps, his impairment and unreliable testimony, so he was acquitted.

Court Disposition

Alina Marie Karaim convicted on all counts of possession for the purpose of trafficking; Darren Michael Kinney acquitted of all charges.

Orders

  • Conviction entered against Alina Marie Karaim on four counts contrary to s.5(2) of the Controlled Drugs and Substances Act.
  • Darren Michael Kinney acquitted of the charges.