R. v. Stelkia

R. v. Stelkia

Stelkia acquitted on production and possession counts because the Crown failed to prove beyond a reasonable doubt that she had the requisite knowledge plus a measure of control or consent to establish constructive or joint possession or party liability; Vickers convicted on production, possession for trafficking and theft of electricity because the judge found beyond a reasonable doubt he had knowledge, control and consent, including control over hydro bypass and the premises.

Citation
2014 BCSC 2596
Parties
Crown: Regina; Accused: Jessica Jane Stelkia; Accused: Blaine Harvey Alfred Vickers
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2014
Procedural Posture
Criminal / Judgment (conviction)
Outcome
Blaine Harvey Alfred Vickers found guilty on all counts (production of marihuana, possession for purpose of trafficking, theft of electricity); Jessica Jane Stelkia acquitted of Counts 2 and 3 (production and possession for trafficking).
Legal Topics
Possession for Purpose of Trafficking, Production of Cannabis, Constructive and Joint Possession, Party Liability (abet/aid), Theft of Electricity, Credibility of Witnesses
Source Language
English
Criminal Law Controlled Drugs and Substances Act Theft Law Search and Seizure Possession for Purpose of Trafficking Production of Cannabis Constructive and Joint Possession Party Liability (abet/aid) +2 more

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Parties

Regina

Crown

Jessica Jane Stelkia

Accused

Blaine Harvey Alfred Vickers

Accused

Procedural Posture

Criminal / Judgment (conviction)

Legal Issues

  1. 1 Whether accused Stelkia had knowledge and control sufficient for constructive or joint possession or to be a party to production
  2. 2 Whether accused Vickers had knowledge, control and consent in respect of the grow operation and the hydro bypass
  3. 3 Whether evidence supports convictions for production, possession for trafficking and theft of electricity

Ratio Decidendi

Stelkia acquitted on production and possession counts because the Crown failed to prove beyond a reasonable doubt that she had the requisite knowledge plus a measure of control or consent to establish constructive or joint possession or party liability; Vickers convicted on production, possession for trafficking and theft of electricity because the judge found beyond a reasonable doubt he had knowledge, control and consent, including control over hydro bypass and the premises.

Court Disposition

Blaine Harvey Alfred Vickers found guilty on all counts (production of marihuana, possession for purpose of trafficking, theft of electricity); Jessica Jane Stelkia acquitted of Counts 2 and 3 (production and possession for trafficking).

Orders

  • Blaine Harvey Alfred Vickers found guilty of production of marihuana (Controlled Drugs and Substances Act) and possession for purpose of trafficking and theft of electricity.
  • Jessica Jane Stelkia acquitted of Counts 2 and 3.