R. v. Lincoln
The trial judge erred in considering the appellant's association with a known drug dealer, but the remaining evidence established beyond a reasonable doubt that the appellant possessed the cocaine; applying the appellate proviso, the appeal is dismissed and the conviction is upheld.
Source-derived case information.
- Citation
- 2017 ONCA 113
- Parties
- Respondent: Her Majesty the Queen; Appellant: Raymond Lincoln
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 March 2017
- Procedural Posture
- Criminal / Appeal From Conviction (court of Appeal)
- Outcome
- Appeal dismissed; conviction upheld.
- Legal Topics
- Possession of Controlled Substance, Evidence, Appellate Proviso
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Raymond Lincoln
Appellant
Procedural Posture
Criminal / Appeal From Conviction (court of Appeal)
Legal Issues
- 1 Whether the trial judge improperly relied on the appellant's presence with a known active member of the drug trade when finding possession
- 2 Whether the appellate proviso applies to uphold the conviction despite that evidentiary error
Ratio Decidendi
The trial judge erred in considering the appellant's association with a known drug dealer, but the remaining evidence established beyond a reasonable doubt that the appellant possessed the cocaine; applying the appellate proviso, the appeal is dismissed and the conviction is upheld.
Court Disposition
Appeal dismissed; conviction upheld.
Orders
- Appeal dismissed
- Conviction upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Lincoln Collection Decisions of the Court of Appeal Date 2017-03-06 Neutral citation 2017 ONCA 113 Docket numbers C62145 Judges MacPherson, James C.; Juriansz, Russell G.; Rouleau, Paul S. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Lincoln, 2017 ONCA 113 DATE: 20170209 DOCKET: C62145 MacPherson, Juriansz and Rouleau JJ.A. BETWEEN Her Majesty the Queen Respondent and Raymond Lincoln Appellant Raymond Lincoln, acting in person Michael Dineen, duty counsel Hafeez S. Amarshi, for the Crown Heard: February 7, 2017 On appeal from the conviction entered on May 4, 2016 by Justice Gregory P. Rodgers of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The trial judge found the appellant was in possession of cocaine found concealed under the driver's seat of the car he was driving. The Crown concedes that in reaching that finding the trial judge should not have taken into account that the appellant was in the presence of a person known as an active member of the drug trade. [2] We apply the proviso. The other factors considered by the trial judge establish beyond a reasonable doubt the appellant was in possession of the cocaine. [3] The appeal is dismissed.