R. v. Rawsthorne

R. v. Rawsthorne

The judge found the accused not credible and concluded beyond a reasonable doubt that he had knowledge of and a sufficient measure of control over the drugs in the house to constitute constructive possession for trafficking, based on plain view of drugs and score sheets, trafficking indicators, seized cash and keys linking him to the premises; however the Crown failed to prove the accused knew the seized bills were counterfeit, leading to acquittal on the counterfeit count.

Citation
2007 BCSC 1585
Parties
Crown: Regina; Accused: Brian Harold Rawsthorne
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 May 2007
Procedural Posture
Criminal / Trial Judgment (in Chambers)
Outcome
Guilty on Counts 1, 2, 3, 5, 6, 7; Not guilty on Count 4
Legal Topics
Possession (constructive), Trafficking, Counterfeit Currency, Credibility Assessment, Search Warrant
Source Language
English
Criminal Law Controlled Drugs and Substances Search and Seizure Evidence Possession (constructive) Trafficking Counterfeit Currency Credibility Assessment +1 more

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Parties

Regina

Crown

Brian Harold Rawsthorne

Accused

Procedural Posture

Criminal / Trial Judgment (in Chambers)

Legal Issues

  1. 1 Whether the accused had knowledge of and the right to exercise control over drugs and counterfeit money found in the residence
  2. 2 Whether the accused constructively possessed controlled substances for the purpose of trafficking
  3. 3 Whether the accused knew the seized currency was counterfeit

Ratio Decidendi

The judge found the accused not credible and concluded beyond a reasonable doubt that he had knowledge of and a sufficient measure of control over the drugs in the house to constitute constructive possession for trafficking, based on plain view of drugs and score sheets, trafficking indicators, seized cash and keys linking him to the premises; however the Crown failed to prove the accused knew the seized bills were counterfeit, leading to acquittal on the counterfeit count.

Court Disposition

Guilty on Counts 1, 2, 3, 5, 6, 7; Not guilty on Count 4

Orders

  • Convicted on Counts 1, 2, 3, 5, 6 and 7 (possession of controlled substances; constructive possession for purpose of trafficking)
  • Acquitted on Count 4 (possession of counterfeit money)