R. v. MacPherson and Oset

R. v. MacPherson and Oset

Oset acquitted because analyst's certificate was inadmissible against him for lack of s.51(3) notice and Crown failed to prove the substance or that he represented it to be a narcotic; additionally Crown failed to prove the knife was concealed for an unlawful purpose. MacPherson convicted because, on admitted evidence including the analyst's certificate, his communicative conduct and conversation facilitated the sale and established party liability under s.21(1) Criminal Code.

Citation
2005 BCSC 381
Parties
Prosecution: Regina (Crown); Accused: Michael Thomas MacPherson; Accused: Robert Anthony Oset
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 March 2005
Procedural Posture
Criminal Trial (drug Trafficking and Weapons) / Judgment (reasons for Judgment)
Outcome
Robert Anthony Oset: acquitted on count 1 (trafficking) and count 2 (carrying a concealed weapon). Michael Thomas MacPherson: found guilty on count 1 (trafficking under s.5(1) CDSA).
Legal Topics
Trafficking (controlled Drugs and Substances Act), Holding Out/representation, Chain of Custody/continuity of Evidence, Expert Vs Lay Opinion on Slang, Parties to Offence (s.21 Criminal Code), Concealed Weapon and Subjective Intent
Source Language
English
Criminal Law Drug Offences Evidence Law Weapons Offences Trafficking (controlled Drugs and Substances Act) Holding Out/representation Chain of Custody/continuity of Evidence Expert Vs Lay Opinion on Slang +2 more

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Parties

Regina (Crown)

Prosecution

Michael Thomas MacPherson

Accused

Robert Anthony Oset

Accused

Procedural Posture

Criminal Trial (drug Trafficking and Weapons) / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether accuseds trafficked cocaine contrary to s.5(1) CDSA
  2. 2 Whether Crown proved continuity and admissibility of analyst certificate (s.51 CDSA)
  3. 3 Whether Oset committed 'holding out' or represented substance to be narcotic

Ratio Decidendi

Oset acquitted because analyst's certificate was inadmissible against him for lack of s.51(3) notice and Crown failed to prove the substance or that he represented it to be a narcotic; additionally Crown failed to prove the knife was concealed for an unlawful purpose. MacPherson convicted because, on admitted evidence including the analyst's certificate, his communicative conduct and conversation facilitated the sale and established party liability under s.21(1) Criminal Code.

Court Disposition

Robert Anthony Oset: acquitted on count 1 (trafficking) and count 2 (carrying a concealed weapon). Michael Thomas MacPherson: found guilty on count 1 (trafficking under s.5(1) CDSA).

Orders

  • Oset acquitted on both counts
  • MacPherson convicted of trafficking contrary to s.5(1) of the Controlled Drugs and Substances Act