R. v. Jackson

R. v. Jackson

On the evidence taken as a whole there was a strong and cogent network of inculpatory circumstantial facts (occupancy, personal documents in premises and outbuilding, proximity to large packaged quantities, scales and packaging materials, substantial Canadian and US cash, and expert evidence) establishing beyond a...

Source-derived case information.

Citation
2005 BCSC 1934
Parties
Crown: Regina; Accused: Kevin Leroy Jackson; Accused: Desmond Patrick Whitaker; Accused: Gynjer Maye Whitaker
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 July 2005
Procedural Posture
Criminal Controlled Drugs and Substances Act S.5(2) (possession for Purpose of Trafficking) / Oral Reasons for Judgment (trial Judgment)
Outcome
Desmond Patrick Whitaker and Gynjer Maye Whitaker convicted of possession for the purpose of trafficking under s.5(2) of the Controlled Drugs and Substances Act; Kevin Leroy Jackson acquitted.
Legal Topics
Possession for Purpose of Trafficking, Circumstantial Evidence, Knowledge and Control, Occupancy and Control of Premises, Inference of Guilt
Source Language
english
Criminal Law Controlled Drugs and Substances Act Evidence Possession for Purpose of Trafficking Circumstantial Evidence Knowledge and Control Occupancy and Control of Premises Inference of Guilt

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Kevin Leroy Jackson

Accused

Desmond Patrick Whitaker

Accused

Gynjer Maye Whitaker

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act S.5(2) (possession for Purpose of Trafficking) / Oral Reasons for Judgment (trial Judgment)

Legal Issues

  1. 1 Whether the accused possessed marihuana for the purpose of trafficking
  2. 2 Whether circumstantial evidence establishes knowledge and control over the marihuana
  3. 3 Whether the Crown proved guilt beyond a reasonable doubt given alternative explanations (e.g. presence of third party Allan Sandeen)

Ratio Decidendi

On the evidence taken as a whole there was a strong and cogent network of inculpatory circumstantial facts (occupancy, personal documents in premises and outbuilding, proximity to large packaged quantities, scales and packaging materials, substantial Canadian and US cash, and expert evidence) establishing beyond a reasonable doubt that Desmond and Gynjer Whitaker had knowledge of and control over the marihuana and possessed it for the purpose of trafficking; the evidence did not sufficiently connect Kevin Jackson to control of the marihuana in the vehicle, so he was acquitted.

Court Disposition

Desmond Patrick Whitaker and Gynjer Maye Whitaker convicted of possession for the purpose of trafficking under s.5(2) of the Controlled Drugs and Substances Act; Kevin Leroy Jackson acquitted.

Orders

  • Convicted: Desmond Patrick Whitaker guilty of possession for the purpose of trafficking (Controlled Drugs and Substances Act s.5(2)).
  • Convicted: Gynjer Maye Whitaker guilty of possession for the purpose of trafficking (Controlled Drugs and Substances Act s.5(2)).