R. v. Stahr

R. v. Stahr

Given the totality of circumstantial evidence (appearance of package in plain view after accused's vigorous movements, packaging and amount of drugs, multiple phones, score sheet and cash) and the improbability of the innocent explanations advanced, the only rational inference beyond a reasonable doubt is that the accused had personal possession of the cocaine and therefore was guilty of possession for the purpose of trafficking.

Citation
2009 BCSC 1003
Parties
Crown: Regina; Accused: Jeffrey Paul Stahr
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 July 2009
Procedural Posture
Criminal Drug Offence / Trial Judgment
Outcome
Accused found guilty as charged
Legal Topics
Possession, Possession for the Purpose of Trafficking, Search and Seizure, Circumstantial Evidence, Reasonable Doubt, Bad Character Evidence
Source Language
English
Criminal Law Drug Offences Evidence Law Possession Possession for the Purpose of Trafficking Search and Seizure Circumstantial Evidence Reasonable Doubt +1 more

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Parties

Regina

Crown

Jeffrey Paul Stahr

Accused

Procedural Posture

Criminal Drug Offence / Trial Judgment

Legal Issues

  1. 1 Whether the accused had personal possession of the package of cocaine found in the police vehicle
  2. 2 Whether the accused knew the package contained cocaine
  3. 3 Whether the circumstantial facts permit only one reasonable inference of guilt

Ratio Decidendi

Given the totality of circumstantial evidence (appearance of package in plain view after accused's vigorous movements, packaging and amount of drugs, multiple phones, score sheet and cash) and the improbability of the innocent explanations advanced, the only rational inference beyond a reasonable doubt is that the accused had personal possession of the cocaine and therefore was guilty of possession for the purpose of trafficking.

Court Disposition

Accused found guilty as charged

Orders

  • Accused found guilty of possession of cocaine for the purpose of trafficking