R. v. Wood (G.A.), 2014 MBQB 49

JudgeGreenberg, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateMarch 24, 2014
JurisdictionManitoba
Citations2014 MBQB 49;(2014), 302 Man.R.(2d) 272 (QB)

R. v. Wood (G.A.) (2014), 302 Man.R.(2d) 272 (QB)

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. AP.007

Her Majesty The Queen v. Gregory Archie Wood (accused)

(CR 12-01-31909; 2014 MBQB 49)

Indexed As: R. v. Wood (G.A.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Greenberg, J.

March 24, 2014.

Summary:

The accused entered into an arrangement with another man (Curtis Hibbert) wherein he allowed Hibbert to use his residence for storing drugs in exchange for Hibbert paying the monthly rent and utility bills. Police executed a warranted search of the accused's residence and found drugs and weapons. The accused was charged with possession of marijuana for the purpose of trafficking (count 1), possession of ecstasy for the purpose of trafficking (count 2), and production of cocaine (count 3). The accused was also charged with 11 counts respecting a handgun, rifle and explosive that were found in the residence. The accused conceded that he knew about the marijuana in the house and that it was used for the purpose of trafficking. Count 1 was therefore established. At issue was (1) whether, for the purposes of count 2, the accused knew that there was ecstasy in the house; (2) whether the Crown had proven that cocaine was being "produced" in the house, as that term was used in s. 2 of the Controlled Drugs and Substances Act; and (3) whether the accused was in possession of the weapons and explosive (specifically, whether he knew that they were in the house).

The Manitoba Court of Queen's Bench found the accused guilty of possession of ecstasy for the purpose of trafficking, not guilty of production of cocaine, and not guilty of all of the weapons charges.

Criminal Law - Topic 10.2

General principles - General and definitions - Possession defined - [See Criminal Law - Topic 1439 ].

Criminal Law - Topic 39.4

General principles - Mens rea or intention - Doctrine of wilful blindness - Wood entered into an arrangement with Hibbert wherein he allowed Hibbert to use his residence for storing drugs in exchange for Hibbert paying the monthly rent and utility bills - Police executed a warranted search of the residence and found, inter alia, ecstasy - Wood was charged with possession of ecstasy for the purpose of trafficking - Wood acknowledged that he had seen marijuana and pink pills in the house, but denied that he knew there was ecstasy in the house - The Manitoba Court of Queen's Bench found Wood guilty - If Wood did not know what specific drugs were kept in the house, it was because he chose not to know - Even if knowledge was not imputed to him on the basis of wilful blindness, the fact that Wood was being paid by Hibbert so that Hibbert could store drugs in the house made Wood a party to the charge of possession of ecstasy for the purpose of trafficking - Wood's actions assisted Hibbert in the commission of that offence - See paragraphs 18 to 21.

Criminal Law - Topic 39.4

General principles - Mens rea or intention - Doctrine of wilful blindness - [See Criminal Law - Topic 1439 ].

Criminal Law - Topic 1439

Offences against person and reputation - Firearms - General - Unlawful possession - Wood entered into an arrangement with Hibbert wherein he allowed Hibbert to use his residence for storing drugs in exchange for Hibbert paying the monthly rent and utility bills - Hibbert had a key to the house - He did not live there but came and went as he pleased - Police executed a warranted search of the residence and found, inter alia, a handgun, rifle and stick of explosive material - Wood was charged with 11 counts relating to the guns and explosive - At issue was whether he was in possession of the weapons and explosive - The Manitoba Court of Queen's Bench found Wood not guilty - The court accepted that Wood did not know that the guns and explosive were in the house - First, Wood was candid that he knew about the presence of drugs in the house - The fact that he was so ready to accept responsibility for the drugs lended credence to his denial regarding the weapons - Second, Wood did not have exclusive access to the house - Hibbert had unrestricted access and was the last person in the house before the police searched it - Third, the guns were found in the basement and were not in plain view - While the explosive was found in a kitchen cupboard, Wood might not have seen it because it was inside of a sock - There was no evidence that Wood had experience with explosives or that he could have identified the object if he had seen it - Moreover, the explosive could not have been used because it required a detonator and no detonator was found in the house - It would not be reasonable to find that Wood was wilfully blind to the presence of the weapons - He understood that drugs would be stored in his house, but there was nothing to suggest that he "knew or strongly suspected" the presence of weapons - See paragraphs 28 to 40.

Criminal Law - Topic 2742

Attempts, conspiracies, accessories and parties - Parties to offences - Necessary intention or knowledge - [See first Criminal Law - Topic 39.4 ].

Criminal Law - Topic 2747

Attempts, conspiracies, accessories and parties - Parties - What constitutes a party - [See first Criminal Law - Topic 39.4 ].

Criminal Law - Topic 5553

Evidence and witnesses - Proof of particular matters - Possession - [See Criminal Law - Topic 1439 ].

Narcotic Control - Topic 505

Offences - General principles - Parties to offences - [See first Criminal Law - Topic 39.4 ].

Narcotic Control - Topic 580

Offences - Possession - General - Knowledge - [See first Criminal Law - Topic 39.4 ].

Narcotic Control - Topic 832

Offences - Cultivation or production - What constitutes - Wood entered into an arrangement with Hibbert wherein he allowed Hibbert to use his residence for storing drugs in exchange for Hibbert paying the monthly rent and utility bills - Police executed a warranted search of the residence and found, inter alia, cocaine residue along with ecstasy and benzocaine residue on a hydraulic press, on grinders and on digital scales - Wood was charged with producing cocaine by cutting it with other drugs in order to increase the volume of powder available for distribution - The Manitoba Court of Queen's Bench found Wood not guilty - The Crown failed to prove that cocaine was being "produced" in the house as that term was used in s. 2 of the Controlled Drugs and Substances Act - There was no evidence that diluting cocaine powder created a change to the "chemical or physical" properties of cocaine - Even assuming that cutting a drug did fall within the definition of "produce", there was no evidence that it was cocaine that was being produced - No substantial amount of cocaine was found in the house - The items found in the house were consistent with the production of ecstasy, but Wood was not charged with that offence - See paragraphs 22 to 27.

Words and Phrases

Produce - The Manitoba Court of Queen's Bench discussed the meaning of this word as found in s. 2 of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 - See paragraphs 22 and 23.

Cases Noticed:

R. v. Powell (1983), 9 C.C.C.(3d) 442 (B.C.C.A.), refd to. [para. 27].

R. v. B.D. (2011), 273 O.A.C. 241; 2011 ONCA 51, refd to. [para. 29].

R. v. Brar (G.) (2008), 234 Man.R.(2d) 1; 2008 MBQB 133, refd to. [para. 33].

R. v. MacLeod (J.M.) et al. (2013), 294 Man.R.(2d) 90; 581 W.A.C. 90; 2013 MBCA 48, refd to. [para. 34].

R. v. Briscoe (M.E.) et al., [2010] 1 S.C.R. 411; 400 N.R. 216; 477 A.R. 86; 483 W.A.C. 86; 2010 SCC 13, refd to. [para. 38].

Statutes Noticed:

Controlled Drugs and Substances Act, S.C. 1996, c. 19, sect. 2 [para. 22].

Counsel:

Kirstin S.J. Elgert, for the Crown;

Barry H. Sinder, for the accused.

This matter was heard before Greenberg, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on March 24, 2014.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT