R. v. Aden (M.A.) et al., 2014 SKPC 95

• Judge: Morgan, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 19, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKPC 95;(2014), 448 Sask.R. 272 (PC)

R. v. Aden (M.A.) (2014), 448 Sask.R. 272 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. JN.041

Her Majesty the Queen v. Mohammed Abdi Aden and Gyasi Kojo Riverson

(Information Nos. 37292322; 37292321; 2014 SKPC 95)

Indexed As: R. v. Aden (M.A.) et al.

Saskatchewan Provincial Court

Morgan, P.C.J.

June 19, 2014.

Summary:

Aden and Riverson were charged jointly with possession of cocaine for the purpose of trafficking and possession of the proceeds of crime. Aden was also charged separately with trafficking in cocaine.

The Saskatchewan Provincial court convicted Aden and Riverson of possession of cocaine for the purpose of trafficking and possession of the proceeds of crime. Aden was found not guilty of trafficking in cocaine.

Criminal Law - Topic 1984

Possession or laundering of proceeds of crime - Evidence and proof - [See Narcotic Control - Topic 578 ].

Criminal Law - Topic 5320.2

Evidence and witnesses - Inferences - From circumstantial evidence - [See Narcotic Control - Topic 578 ].

Criminal Law - Topic 5553

Evidence and witnesses - Proof of particular matters - Possession - [See Narcotic Control - Topic 578 ].

Evidence - Topic 7000.5

Opinion evidence - Expert evidence - General - Nature and scope of - The accused were charged with possession of cocaine for the purpose of trafficking - The evidence seized included 70.3 grams of cocaine - An expert witness gave opinion evidence regarding the methods of cocaine distribution, signs of cocaine usage and the language and paraphernalia of the drug trade - The expert also stated, "I've never come across a user that would - that would ever purchase that amount of cocaine for their own use because they - they don't want to believe that they would use that amount" - The Saskatchewan Provincial Court disregarded this statement as a "personal observation" which strayed beyond the proper scope of the witness' expertise - See paragraphs 89 and 90.

Evidence - Topic 7002

Opinion evidence - Expert evidence - General - Acceptance, rejection and weight to be given to expert opinion - [See Evidence - Topic 7000.5 ].

Narcotic Control - Topic 577

Offences - Possession - General - Constructive possession - [See Narcotic Control - Topic 578 ].

Narcotic Control - Topic 578

Offences - Possession - General - Joint possession - Officers conducting a drug investigation observed Aden conceal a Doritos bag in a woodpile near a hotel - Aden was arrested while he was approaching room 147 of the hotel - Riverson was inside room 147 - The Doritos bag was found to contain cocaine - A scale, cash and prepaid cell phones and credit cards, among other items, were found in the room - Aden and Riverson were charged jointly with possession of cocaine for the purpose of trafficking and possession of the proceeds of crime - The Saskatchewan Provincial Court convicted Aden and Riverson - The evidence was largely circumstantial - Aden's name was not on any of the items found in room 147 - Aden and Riverson were never observed in each other's company - However, there was a "significant and valid connection" between Aden and Riverson and room 147 and all of its contents - It was a "matter of weighting all of the evidence as a whole" - Aden was in personal possession of the cocaine at the woodpile - There was evidence connecting both Aden and Riverson to the room and, with that, knowledge of its contents - This was a joint operation in which each were, with the full knowledge and consent of the other, conducting a drug trafficking operation - Anything in possession of one was in possession of the other, including the cocaine and the cash which the court inferred was the proceeds of the operation - See paragraphs 11 to 107.

Narcotic Control - Topic 580

Offences - Possession - General - Knowledge - [See Narcotic Control - Topic 578 ].

Narcotic Control - Topic 604

Offences - Possession - Evidence - Proof of possession - [See Narcotic Control - Topic 578 ].

Narcotic Control - Topic 606

Offences - Possession - Evidence - Circumstantial evidence - [See Narcotic Control - Topic 578 ].

Narcotic Control - Topic 703

Offences - Trafficking - Possession for the purpose of trafficking - [See Narcotic Control - Topic 578 ].

Narcotic Control - Topic 720

Offences - Trafficking - Evidence and proof - Officers conducting a drug investigation observed Aden conceal a Doritos bag in a woodpile near a hotel - As he was coming back into the hotel, Aden was observed exchanging "something small" with a man in the hotel corridor - Aden was arrested while he was approaching room 147 of the hotel - Riverson was inside room 147 - The Doritos bag was found to contain cocaine - A scale, cash and prepaid cell phones and credit cards, among other items, were found in the room - Aden and Riverson were charged jointly with possession of cocaine for the purpose of trafficking and possession of the proceeds of crime - Aden was also charged separately with trafficking in cocaine - The Saskatchewan Provincial Court found Aden not guilty of trafficking in cocaine - It could not be said with certainty that anything, let alone cocaine, was exchanged - The court stated, "The path to conviction would require me to be satisfied of Mr. Aden's guilt beyond a reasonable doubt, based on sketchy facts as to what actually transpired, coupled with my conclusion that Mr. Aden was an individual who was in possession of cocaine for the purposes of trafficking. On these facts, I am unable to conclude that..." - See paragraphs 108 to 112.

Narcotic Control - Topic 800.5

Offences - Possession of proceeds of narcotics offences - Evidence and proof - [See Narcotic Control - Topic 578 ].

Cases Noticed:

R. v. U.P.M. (2010), 399 N.R. 200; 346 Sask.R. 1; 477 W.A.C. 1; 2010 SCC 8, refd to. [para. 7].

R. v. Morelli - see R. v. U.P.M.

R. v. Fisher (M.J.) (2005), 216 B.C.A.C. 197; 356 W.A.C. 197; 2005 BCCA 444, refd to. [para. 8].

R. v. Griffin (J.) et al. (2009), 388 N.R. 334; 2009 SCC 28, refd to. [para. 9].

R. v. Stewart, [1977] 2 S.C.R. 748; 12 N.R. 201; 1 A.R. 455, refd to. [para. 10].

R. v. Grant (R.), [1999] A.R. Uned. 166; 1999 ABCA 211, refd to. [para. 37].

R. v. To (W.H.) (1992), 16 B.C.A.C. 223; 28 W.A.C. 223; 1992 CarswellBC 1039 (C.A.), refd to. [para. 47].

R. v. Foster (M.) (2001), 237 N.B.R.(2d) 139; 612 A.P.R. 139; 2001 NBCA 48, dist. [para. 57].

R. v. Haggarty, [1947] 3 D.L.R. 335 (B.C.C.A.), dist. [para. 57].

R. v. Sekhon (A.S.) (2014), 454 N.R. 41; 351 B.C.A.C. 1; 599 W.A.C. 1; 2014 SCC 15, refd to. [para. 89].

Counsel:

A. Pace, for the Crown;

A. Murray, for Mohammed Abdi Aden;

K. Armstrong, for Gyasi Kojo Riverson.

This case was heard at Saskatoon, Saskatchewan, by Morgan, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on June 19, 2014.