R. v. Russell

R. v. Russell

The accused's explicit statements offering one kilogram of cocaine for $35,000 established the actus reus; the surrounding context, conduct and consistent undercover evidence established he intended his offer to be taken as genuine (mens rea); intoxication did not negate culpable intent; accordingly the accused is guilty of trafficking.

Citation
2009 BCSC 1923
Parties
Crown: Regina; Accused: Jayme Norman Russell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 January 2009
Procedural Posture
Criminal Trafficking Under the Controlled Drugs and Substances Act / Trial Judgment (oral Reasons)
Outcome
Guilty (found guilty as charged)
Legal Topics
Trafficking, Offer to Sell, Actus Reus, Mens Rea, Undercover Operations, Credibility Assessment, Intoxication and Mens Rea
Source Language
English
Criminal Law Controlled Drugs and Substances Evidence Trafficking Offer to Sell Actus Reus Mens Rea Undercover Operations +2 more

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Parties

Regina

Crown

Jayme Norman Russell

Accused

Procedural Posture

Criminal Trafficking Under the Controlled Drugs and Substances Act / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether the accused made an offer to traffic (actus reus)
  2. 2 Whether the accused intended his words to be taken as a genuine offer (mens rea)
  3. 3 Whether intoxication or joking negated mens rea

Ratio Decidendi

The accused's explicit statements offering one kilogram of cocaine for $35,000 established the actus reus; the surrounding context, conduct and consistent undercover evidence established he intended his offer to be taken as genuine (mens rea); intoxication did not negate culpable intent; accordingly the accused is guilty of trafficking.

Court Disposition

Guilty (found guilty as charged)

Orders

  • Accused found guilty of trafficking contrary to the Controlled Drugs and Substances Act (offer to sell one kilogram of cocaine for $35,000)