R. v. Yu

R. v. Yu

On the totality of circumstantial and direct evidence — ownership links to the unit, the accused's repeated attendance and use of a van associated with the unit, equipment and plants in plain view across both floors, and expert evidence that the operation exceeded personal use — the Crown proved beyond a reasonable...

Source-derived case information.

Citation
2016 BCSC 2523
Parties
Crown: Regina; Accused: Zhong Ming Yu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 October 2016
Procedural Posture
Criminal / Trial Judgment (guilty)
Outcome
Guilty on both counts
Legal Topics
Possession for Purpose of Trafficking, Production/cultivation of Cannabis, Constructive Possession, Wilful Blindness, Circumstantial Evidence
Source Language
english
Criminal Law Controlled Drugs and Substances Act Evidence Possession for Purpose of Trafficking Production/cultivation of Cannabis Constructive Possession Wilful Blindness Circumstantial Evidence

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Zhong Ming Yu

Accused

Procedural Posture

Criminal / Trial Judgment (guilty)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused possessed cannabis for the purpose of trafficking
  2. 2 Whether the Crown proved beyond a reasonable doubt that the accused produced (cultivated) cannabis
  3. 3 Whether the accused had knowledge of and control over the grow operation

Ratio Decidendi

On the totality of circumstantial and direct evidence — ownership links to the unit, the accused's repeated attendance and use of a van associated with the unit, equipment and plants in plain view across both floors, and expert evidence that the operation exceeded personal use — the Crown proved beyond a reasonable doubt that the accused knowingly produced and possessed cannabis for the purpose of trafficking; clones are "living things" under the CDSA and count as plants.

Court Disposition

Guilty on both counts

Orders

  • Convicted on Count 1 (possession for purpose of trafficking, s.5(2) CDSA)
  • Convicted on Count 2 (production, s.7(1) CDSA)