R. v. Charles (A.J.), 2014 SKPC 76

• Judge: Gray, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: April 07, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKPC 76;(2014), 443 Sask.R. 16 (PC)

R. v. Charles (A.J.) (2014), 443 Sask.R. 16 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. AP.054

Her Majesty the Queen v. Adrian Charles

(Information No. 24021057; 2014 SKPC 76)

Indexed As: R. v. Charles (A.J.)

Saskatchewan Provincial Court

Gray, P.C.J.

April 7, 2014.

Summary:

In a vehicle owned and driven solely by the accused, police found a prohibited handgun under the passenger side floor mat and cocaine hidden under a cup holder receptacle in the centre console. The accused was charged with weapons offences and possession of cocaine. The sole issue was whether the accused had possession of the gun and cocaine. The accused testified that the gun and cocaine must have been put there, without his knowledge, by a friend he had just given a ride to.

The Saskatchewan Provincial Court held that the Crown proved beyond a reasonable doubt that the accused knew that the gun and cocaine were in his vehicle. Possession had been established and the accused was found guilty of all except one of the firearms offences.

Editor's Note: For a related case see (2014), 437 Sask.R. 293.

Criminal Law - Topic 10.2

General principles - General and definitions - Possession defined - In a vehicle owned and driven solely by the accused, police found a prohibited handgun under the passenger side floor mat and cocaine hidden under a cup holder receptacle in the centre console - The accused was charged with weapons offences and possession of cocaine - The sole issue was whether the accused had possession of the gun and cocaine - The accused testified that the gun and cocaine must have been put there, without his knowledge, by a friend he had just given a ride to - The friend denied any knowledge of the gun and cocaine - The Saskatchewan Provincial Court found the accused guilty of the offences, as the Crown proved beyond a reasonable doubt that the gun and cocaine were in the accused's actual possession - Proof that the gun and cocaine were found hidden in a vehicle owned and driven solely by the accused was prima facie proof of possession - The court disbelieved the accused's testimony respecting the gun and cocaine and believed the friend - There was no credible evidence for the presence of the gun and cocaine other than the accused knew they were there - The only rational conclusion was that the accused had actual possession - See paragraphs 34 to 44.

Criminal Law - Topic 1439

Offences against person and reputation - Firearms - General - Unlawful possession - [See Criminal Law - Topic 10.2 ].

Narcotic Control - Topic 580

Offences - Possession - General - Knowledge - [See Criminal Law - Topic 10.2 ].

Cases Noticed:

R. v. Thomas (L.) et al. (2012), 326 N.S.R.(2d) 12; 1033 A.P.R. 12; 2012 NSPC 117, refd to. [para. 22].

R. v. Comba, [1938] O.R. 200, refd to. [para. 22].

R. v. Charemski (J.), [1998] 1 S.C.R. 679; 224 N.R. 120; 108 O.A.C. 126, refd to. [para. 22].

R. v. Griffin (J.) et al., [2009] 2 S.C.R. 42; 388 N.R. 334; 2009 SCC 28, refd to. [para. 22].

R. v. Chesterman, 2005 BCPC 282, refd to. [para. 22].

R. v. Reid (K.D.), [2013] O.T.C. Uned. 741; 2013 ONSC 741, refd to. [para. 22].

R. v. LeBlanc (J.A.) (2009), 281 N.S.R.(2d) 164; 893 A.P.R. 164; 2009 NSSC 221, refd to. [para. 22].

R. v. Anderson-Wilson (B.), [2010] O.T.C. Uned. 489; 2010 ONSC 489, refd to. [para. 22].

R. v. MacDonald (E.) (2014), 453 N.R. 1; 341 N.S.R.(2d) 353; 1081 A.P.R. 353; 2014 SCC 3, refd to. [para. 23].

R. v. Chin (Y.H.) (2014), 566 A.R. 288; 597 W.A.C. 288; 2014 ABCA 11, refd to. [para. 23].

R. v. Huard (J.P.), [2009] B.C.T.C. Uned. 1010; 2009 BCSC 1010, refd to. [para. 23].

R. v. Beaver, [1957] S.C.R. 531, refd to. [para. 25].

R. v. Gallant, [1960] N.B.J. No. 4, refd to. [para. 25].

R. v. Nicholson (J.D.) (2011), 510 A.R. 308; 527 W.A.C. 308 (C.A.), leave to appeal denied (2011), 431 N.R. 399; 2011 CarswellAlta 2155 (S.C.C.), refd to. [para. 25].

R. v. Lincoln (R.), [2012] O.A.C. Uned. 435; 2012 ONCA 542, refd to. [para. 29].

R. v. To, [1992] B.C.J. No. 1700, refd to. [para. 30].

Counsel:

Bryce Pashovitz, for the Crown;

Brad Mitchell, for the accused.

This matter was heard at Saskatoon, Saskatchewan, before Gray, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on April 7, 2014.