R. v. Wolski

R. v. Wolski

Taken cumulatively, the surveillance evidence and admissions established beyond a reasonable doubt that Wolski had knowledge of and a measurable degree of control over the grow operation and that he aided the production (s.21(1)(b) Criminal Code) by providing materials and access, thereby committing possession for the purpose of trafficking (s.5(2) CDSA) and production (s.7(1) CDSA) as a party.

Citation
2016 BCSC 604
Parties
Crown: Regina; Accused: David Rafael Wolski
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 March 2016
Procedural Posture
Criminal Controlled Drugs and Substances Act and Criminal Code Offences / Trial Judgment Oral Reasons for Judgment (conviction)
Outcome
Accused found guilty on both counts: production (s.7(1) CDSA) as a party under s.21(1)(b) Criminal Code, and possession for the purpose of trafficking (s.5(2) CDSA).
Legal Topics
Possession for Purpose of Trafficking, Production/cultivation of Cannabis, Constructive/joint Possession, Party Liability (s.21 Criminal Code), Circumstantial Evidence
Source Language
English
Criminal Law Controlled Drugs and Substances Act Criminal Code Possession for Purpose of Trafficking Production/cultivation of Cannabis Constructive/joint Possession Party Liability (s.21 Criminal Code) Circumstantial Evidence

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Parties

Regina

Crown

David Rafael Wolski

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act and Criminal Code Offences / Trial Judgment Oral Reasons for Judgment (conviction)

Legal Issues

  1. 1 Whether the accused was a party to the production of marihuana under s.21 of the Criminal Code
  2. 2 Whether the accused had possession and control of the grow operation for the purpose of trafficking under s.5(2) CDSA
  3. 3 Whether the accused was a principal operator of the grow operation

Ratio Decidendi

Taken cumulatively, the surveillance evidence and admissions established beyond a reasonable doubt that Wolski had knowledge of and a measurable degree of control over the grow operation and that he aided the production (s.21(1)(b) Criminal Code) by providing materials and access, thereby committing possession for the purpose of trafficking (s.5(2) CDSA) and production (s.7(1) CDSA) as a party.

Court Disposition

Accused found guilty on both counts: production (s.7(1) CDSA) as a party under s.21(1)(b) Criminal Code, and possession for the purpose of trafficking (s.5(2) CDSA).

Orders

  • Convicted on both counts as charged