R. v. Kiely

R. v. Kiely

Based on the cumulative effect of the circumstantial evidence and expert testimony, the only reasonable inference was that the seized currency was proceeds of drug trafficking and that the accused knew its criminal source; therefore the Crown proved beyond a reasonable doubt the elements of Count 1, and the accused was convicted on both counts.

Citation
2009 BCSC 1966
Parties
Prosecution: Regina; Accused: Michael James Kiely
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2009
Procedural Posture
Criminal / Trial Judgment (oral Reasons for Judgment)
Outcome
Accused found guilty on both counts
Legal Topics
Possession of Proceeds of Crime, Knowledge, Circumstantial Evidence, Money Laundering, Expert Opinion
Source Language
English
Criminal Law Drug Offences Proceeds of Crime Evidence Possession of Proceeds of Crime Knowledge Circumstantial Evidence Money Laundering +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

Michael James Kiely

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether the seized currency was obtained by or derived specifically from an offence under s.5 of the Controlled Drugs and Substances Act (drug trafficking or possession for the purpose of trafficking)
  2. 2 Whether the accused knew that the currency was so obtained or derived

Ratio Decidendi

Based on the cumulative effect of the circumstantial evidence and expert testimony, the only reasonable inference was that the seized currency was proceeds of drug trafficking and that the accused knew its criminal source; therefore the Crown proved beyond a reasonable doubt the elements of Count 1, and the accused was convicted on both counts.

Court Disposition

Accused found guilty on both counts

Orders

  • Finds Michael James Kiely guilty on Count 1 (possession of proceeds of crime derived from CDSA s.5 offences)
  • Finds Michael James Kiely guilty on Count 2