R. v. Baddock

R. v. Baddock

The Crown proved beyond a reasonable doubt that the accused possessed cocaine for the purpose of trafficking because drugs located in close proximity to where he sat and corroborating incoming calls to his cell phone indicating callers seeking drugs established possession and trafficking; drugs found under the other...

Source-derived case information.

Citation
2006 BCSC 2081
Parties
Crown: Regina; Defendant: Christopher Lee Baddock
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 March 2006
Procedural Posture
Criminal Trafficking/possession / Oral Reasons for Judgment (conviction)
Outcome
Accused found guilty of possession of cocaine for the purpose of trafficking (in respect of the quantity attributable to him)
Legal Topics
Possession for the Purpose of Trafficking, Proximity and Control, Phone Evidence, Burden of Proof
Source Language
english
Criminal Law Drug Offences Evidence Possession for the Purpose of Trafficking Proximity and Control Phone Evidence Burden of Proof

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Parties

Regina

Crown

Christopher Lee Baddock

Defendant

Procedural Posture

Criminal Trafficking/possession / Oral Reasons for Judgment (conviction)

Legal Issues

  1. 1 Whether the accused was in possession of cocaine for the purpose of trafficking
  2. 2 Whether drugs found under another occupant were in the accused's possession
  3. 3 Whether incoming calls to the accused's phone could be used as evidence of trafficking

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the accused possessed cocaine for the purpose of trafficking because drugs located in close proximity to where he sat and corroborating incoming calls to his cell phone indicating callers seeking drugs established possession and trafficking; drugs found under the other occupant were not attributed to him and were excluded from the proven quantity.

Court Disposition

Accused found guilty of possession of cocaine for the purpose of trafficking (in respect of the quantity attributable to him)

Orders

  • Accused found guilty of possession of cocaine for the purpose of trafficking in respect of approximately one gram of cocaine
  • No finding of possession was made with respect to drugs found under the other occupant