R. v. Bhatti

R. v. Bhatti

The Crown failed to prove beyond a reasonable doubt that the accused possessed the substances for the purpose of trafficking because, despite some indicia suggestive of trafficking, the evidence was equally consistent with simple possession given the accused's credible explanations for cash, mixed-use consumption, and non‑operational scale and phone and the absence of other trafficking indicators; accordingly the accused is acquitted of trafficking but convicted of the included offences of simple possession under s.4(1) CDSA.

Citation
2018 BCSC 1657
Parties
Crown: Regina; Accused: Manjeet Singh Bhatti
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 October 2018
Procedural Posture
Criminal Indictment (controlled Drugs and Substances Act Charges) / Trial Judgment (verdict Delivered)
Outcome
Accused found not guilty of possession for the purpose of trafficking on both counts; convicted of the included offences of simple possession contrary to s.4(1) of the CDSA on both counts.
Legal Topics
Possession for Purpose of Trafficking, Simple Possession, Reasonable Doubt, Expert Opinion on Indicia of Trafficking, Credibility and Inferences
Source Language
English
Criminal Law Drug Offences Evidence Possession for Purpose of Trafficking Simple Possession Reasonable Doubt Expert Opinion on Indicia of Trafficking Credibility and Inferences

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Parties

Regina

Crown

Manjeet Singh Bhatti

Accused

Procedural Posture

Criminal Indictment (controlled Drugs and Substances Act Charges) / Trial Judgment (verdict Delivered)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused possessed controlled substances for the purpose of trafficking contrary to s.5(2) CDSA
  2. 2 Assessment of credibility of accused and weight to be given to expert evidence regarding indicia of trafficking
  3. 3 Application of reasonable doubt and permissible inferences from circumstantial evidence

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused possessed the substances for the purpose of trafficking because, despite some indicia suggestive of trafficking, the evidence was equally consistent with simple possession given the accused's credible explanations for cash, mixed-use consumption, and non‑operational scale and phone and the absence of other trafficking indicators; accordingly the accused is acquitted of trafficking but convicted of the included offences of simple possession under s.4(1) CDSA.

Court Disposition

Accused found not guilty of possession for the purpose of trafficking on both counts; convicted of the included offences of simple possession contrary to s.4(1) of the CDSA on both counts.

Orders

  • Count 1 (methamphetamine for purpose of trafficking under s.5(2) CDSA): Not guilty; convicted of included offence simple possession contrary to s.4(1) CDSA
  • Count 2 (heroin and fentanyl for purpose of trafficking under s.5(2) CDSA): Not guilty; convicted of included offence simple possession contrary to s.4(1) CDSA