R. v. Samardzich (M.A.), (1991) 4 B.C.A.C. 308 (CA)

• Judge: Taggart, Hutcheon and Taylor, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 14, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 4 B.C.A.C. 308 (CA)

R. v. Samardzich (M.A.) (1991), 4 B.C.A.C. 308 (CA);

    9 W.A.C. 308

MLB headnote and full text

Regina (respondent) v. Michael Anthony Samardzich (appellant)

(No. CA013028)

Indexed As: R. v. Samardzich (M.A.)

British Columbia Court of Appeal

Taggart, Hutcheon and Taylor, JJ.A.

July 18, 1991.

Summary:

The accused was convicted of possession of counterfeit money. The accused appealed.

The British Columbia Court of Appeal allowed the appeal and ordered a new trial.

Criminal Law - Topic 2423

Currency offences - Possession of counterfeit money - Elements - Constructive possession - The British Columbia Court of Appeal stated that "knowledge and consent are essential elements of constructive possession and they do not exist without some measure of control. Mere acquiescence on the part of the accused is not sufficient" - The court set aside a conviction for possession of counterfeit money based on constructive possession where the judge did not consider these elements - See paragraphs 1 to 11.

Criminal Law - Topic 2424

Currency offences - Possession of counterfeit money - Appropriate charge - An accused was charged with possession of counterfeit money based on actual possession - The judge convicted the accused on the basis of constructive possession - The British Columbia Court of Appeal set aside the conviction because the trial judge convicted on a factual basis different from the basis upon which the case was conducted by the Crown - See paragraph 12.

Cases Noticed:

R. v. Terrence, [1983] 1 S.C.R. 357; 47 N.R. 8, refd to. [para. 10.].

R. v. Warburton-Pitt (1991), 92 Cr. App. R. 136 (C.A.), refd to. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 4(3) [paras. 7, 8].

Counsel:

P. Kendall, for the appellant;

   G. Goodfellow, for the respondent.

This appeal was heard on June 14, 1991, in Vancouver, B.C., before Taggart, Hutcheon and Taylor, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered by Hutcheon, J.A., on July 18, 1991.