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Canada Case Law

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Criminal law 2020 BCSC 2029

R. v. Hellinger

The court convicted Derek Adam Edmund Hellinger on all narcotics counts after finding his denial implausible and concluding the drugs were in his possession.

  • Possession for purpose of trafficking
  • Simple possession
  • Credibility (w.(d.) test)
  • Circumstantial evidence and inferences
  • Search of vehicle and vehicle-owner control
  • Drug-possession
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Criminal law 2001 BCSC 1891

HMTQ v. Lising and Pires

British Columbia sentencing reasons in a cocaine trafficking and proceeds case, addressing sentencing facts, conditional sentences, forfeiture, and custodial terms.

  • Conspiracy to traffic
  • Trafficking
  • Possession of proceeds
  • Conditional sentence
  • Forfeiture/fine in lieu
  • Sentencing principles
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Criminal law 1993 NSCA 221

R. v. Devanney

The trial judge underestimated the magnitude of the conspiracy and the need for general deterrence; the respondent occupied a leadership role and the street value of narcotics justified a harsher sentence; accordingly the Crown appeal was allowed and the sentences were varied to thirteen years concurrent as a fit and proper sentence for the respondent's level of participation.

  • Conspiracy to traffic
  • Possession for purpose of trafficking
  • Sentencing principles
  • General deterrence
  • Role assessment in conspiracy
  • Credibility of undercover evidence
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.