R. v. Borecky

R. v. Borecky

On the totality of circumstantial evidence the only reasonable inference is that Borecky resided at the Residence, removed and knowingly hid the bags containing drugs and firearms nearby, had possession and control of the items, and thus is guilty of possession for the purpose of trafficking and possession of firearms/ammunition and prohibited devices while subject to a firearm prohibition order.

Citation
2012 BCSC 1865
Parties
Crown: Regina; Accused: Thomas Edward Borecky; Accused: Tracey Carmen Judy Yeomans
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 January 2012
Procedural Posture
Criminal / Trial and Judgment
Outcome
Thomas Edward Borecky found guilty on all counts
Legal Topics
Possession for Purpose of Trafficking, Constructive Possession, Circumstantial Evidence, Search and Seizure, Expert Evidence
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms Law Evidence Law Possession for Purpose of Trafficking Constructive Possession Circumstantial Evidence Search and Seizure +1 more

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Parties

Regina

Crown

Thomas Edward Borecky

Accused

Tracey Carmen Judy Yeomans

Accused

Procedural Posture

Criminal / Trial and Judgment

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused possessed the drugs and firearms
  2. 2 Whether possession could be established by circumstantial evidence (knowledge and control)
  3. 3 Whether the accused resided at and controlled the residence where items were located

Ratio Decidendi

On the totality of circumstantial evidence the only reasonable inference is that Borecky resided at the Residence, removed and knowingly hid the bags containing drugs and firearms nearby, had possession and control of the items, and thus is guilty of possession for the purpose of trafficking and possession of firearms/ammunition and prohibited devices while subject to a firearm prohibition order.

Court Disposition

Thomas Edward Borecky found guilty on all counts

Orders

  • Thomas Edward Borecky found guilty on all charged counts of possession for the purpose of trafficking and possession of firearms, ammunition, and prohibited devices