R. v. Gladish

R. v. Gladish

Judge found Gladish had constructive possession of the cash under s.4(3) when seized (key in his bedroom, knowledge and use/benefit), therefore the cash was seized from him and he was a person from whom anything was seized so s.490(7) applied and precluded an application under s.490(10); application dismissed.

Citation
2013 BCSC 1556
Parties
Crown: Regina; Accused: Brennan Joseph Gladish
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 August 2013
Procedural Posture
Criminal / Application Under S.490(10) for Return of Seized Property Following Entry of Not Guilty Pleas
Outcome
Accused's application dismissed
Legal Topics
Section 490 Criminal Code, Possession, Safety Deposit Box, Seizure, Return of Property, Offence Related Property
Source Language
English
Criminal Law Search and Seizure Property Forfeiture Evidence Section 490 Criminal Code Possession Safety Deposit Box Seizure +2 more

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Parties

Regina

Crown

Brennan Joseph Gladish

Accused

Procedural Posture

Criminal / Application Under S.490(10) for Return of Seized Property Following Entry of Not Guilty Pleas

Legal Issues

  1. 1 Whether cash seized from accused or from bank
  2. 2 Whether accused may apply under s.490(10) or is barred by s.490(7)
  3. 3 Whether accused established lawful ownership of seized cash

Ratio Decidendi

Judge found Gladish had constructive possession of the cash under s.4(3) when seized (key in his bedroom, knowledge and use/benefit), therefore the cash was seized from him and he was a person from whom anything was seized so s.490(7) applied and precluded an application under s.490(10); application dismissed.

Court Disposition

Accused's application dismissed

Orders

  • Application dismissed