R. v. Cole

Parties

Procedural Posture

Criminal Drug Offences / Trial Judgment

Legal Issues

1. 1 Whether Crown proved constructive or joint possession and requisite knowledge and control for trafficking and possession offences
2. 2 Whether text messages on accused's phone were admissible and attributable to accused
3. 3 Whether accuseds knew metal fittings were stolen property

Ratio Decidendi

Court found beyond a reasonable doubt that Schroeder personally possessed methamphetamine and crack for the purpose of trafficking and constructively possessed the drugs in the apartment by virtue of his use of the seized phone for drug communications, possession of scales, baggies and cash and links to the apartment; court found Cole constructively possessed drugs in the apartment as tenant exercising control and consent to the premises' use for trafficking but did not prove knowledge that the metal fittings were stolen, thus both acquitted on the stolen property count; Count 1 against Cole was later substituted to the included offence of simple possession for sentencing purposes.

Court Disposition

Travis Schroeder convicted of Counts 1, 2 and 3 (possession of narcotics; Counts 1 and 2 for the purpose of trafficking); Samantha Cole convicted of Counts 1, 2 and 3 with Count 1 subsequently substituted to the included offence of simple possession of cocaine by consent; both accused acquitted on Count 4...

Orders

• Convict Travis Ronald Schroeder on Counts 1, 2 and 3; Counts 1 and 2 held to be possession for the purpose of trafficking
• Convict Samantha Cole on Counts 1, 2 and 3; with Count 1 reduced to the included offence of simple possession of cocaine (substitution with consent)