R. v. Le

R. v. Le

The judge accepted the cumulative identification evidence (undercover purchases, surveillance, photographic evidence and officer identifications) as sufficient to convict the accused of trafficking on Sept 13 and 14, but found the circumstantial evidence linking the accused to Suite 309 and to possession of the drugs there was insufficient to infer knowledge and control beyond a reasonable doubt (key/fob placement not proved to be in accused's possession prior to a forceful arrest; no fingerprints; heroin in closed cupboard; money/clothes not tied to accused), and therefore acquitted him on the possession counts.

Citation
2014 BCSC 2647
Parties
Crown: Regina; Accused: William Le
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 September 2014
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted on Counts 1 and 2 (trafficking in cocaine); Not guilty on Counts 3 and 4 (possession/possession for trafficking)
Legal Topics
Trafficking, Possession, Constructive Possession, Eyewitness Identification, Circumstantial Evidence, Search and Seizure
Source Language
English
Criminal Law Controlled Drugs and Substances Act Evidence Trafficking Possession Constructive Possession Eyewitness Identification Circumstantial Evidence +1 more

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Parties

Regina

Crown

William Le

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused was the person who trafficked cocaine on Sept 13 and 14 (identity)
  2. 2 Whether the accused had actual or constructive possession of drugs found in Suite 309 (knowledge and control)
  3. 3 Reliability and weight of eyewitness identification evidence

Ratio Decidendi

The judge accepted the cumulative identification evidence (undercover purchases, surveillance, photographic evidence and officer identifications) as sufficient to convict the accused of trafficking on Sept 13 and 14, but found the circumstantial evidence linking the accused to Suite 309 and to possession of the drugs there was insufficient to infer knowledge and control beyond a reasonable doubt (key/fob placement not proved to be in accused's possession prior to a forceful arrest; no fingerprints; heroin in closed cupboard; money/clothes not tied to accused), and therefore acquitted him on the possession counts.

Court Disposition

Convicted on Counts 1 and 2 (trafficking in cocaine); Not guilty on Counts 3 and 4 (possession/possession for trafficking)

Orders

  • Count 1: Guilty of trafficking in cocaine contrary to s.5(1) of the Controlled Drugs and Substances Act
  • Count 2: Guilty of trafficking in cocaine contrary to s.5(1) of the Controlled Drugs and Substances Act