R. v. Bui (P.), (2014) 464 Sask.R. 145 (PC)

JudgeAgnew, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateDecember 23, 2014
JurisdictionSaskatchewan
Citations(2014), 464 Sask.R. 145 (PC);2014 SKPC 213

R. v. Bui (P.) (2014), 464 Sask.R. 145 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.044

Her Majesty the Queen v. Philippe Bui

(Information No. 37291950; 2014 SKPC 213)

Indexed As: R. v. Bui (P.)

Saskatchewan Provincial Court

Agnew, P.C.J.

December 23, 2014.

Summary:

The accused was charged with possession of cocaine for the purpose of trafficking and possession of the proceeds of crime. The charges arose after police stopped a vehicle containing the accused and two others. The accused had no drugs on his person and only some of the money.

The Saskatchewan Provincial Court found the accused guilty.

Criminal Law - Topic 10.2

General principles - General and definitions - Possession defined - [See Narcotic Control - Topic 577 ].

Narcotic Control - Topic 577

Offences - Possession - General - Constructive possession - Police stopped a van being driven by Bui - There were two passengers in the van - The van belonged to someone else, but Bui did not know the owner's last name - Bui behaved in a rude and aggressive manner - His passengers were extremely nervous - Bui lied about the identities of the passengers - Bui had $1,250 in cash stuffed into his front pocket, but thought that he only had $600 or $700 - The front seat passenger had cocaine in his possession that was packaged into individual portions - $50 in coins was dumped into the pocket of the front passenger door - There were four cell phones in the vehicle - Two of those phones were in the back seat with the second passenger, and one of them was being called very frequently - Bui was charged with, inter alia, possession of cocaine for the purpose of trafficking - The Saskatchewan Provincial Court found Bui guilty - Bui was in constructive possession of the cocaine (Criminal Code, s. 4(3)(b)) - There was no rational conclusion that the court could come to but that Bui was driving the van in the course of a dial-a-dope operation - He was aware of the drugs and an active participant in the enterprise.

Narcotic Control - Topic 578

Offences - Possession - General - Joint possession - [See Narcotic Control - Topic 577 ].

Narcotic Control - Topic 703

Offences - Trafficking - Possession for the purpose of trafficking - [See Narcotic Control - Topic 577 ].

Cases Noticed:

R. v. Baldree (C.) (2013), 445 N.R. 247; 306 O.A.C. 1; 2013 SCC 35, refd to. [para. 23, footnote 2].

R. v. Ly (C.), [1997] 3 S.C.R. 698; 219 N.R. 237; 206 A.R. 309; 156 W.A.C. 309, refd to. [para. 25, footnote 6].

R. v. Charemski (J.), [1998] 1 S.C.R. 679; 224 N.R. 120; 108 O.A.C. 126, refd to. [para. 27, footnote 8].

Counsel:

D.M. Stahl, for the Crown;

L.J. Watson, for the accused.

This matter was heard at Saskatoon, Saskatchewan, before Agnew, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on December 23, 2014.

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