Case Brief

R. v. Learning, 2017 BCSC 2

Facts

On January 13, 2015, following a warranted search of the Accused's residence, the RCMP
discovered and seized a collection of illegal handguns and ammunition, stolen identity
documents, and ilicit drugs.

History

This case is being heard for the first time in the British Columbia Supreme Court.

Issue

As conceded by the defense, the issue is whether or not the Accused had possession of the
above items.

Decision

The Accused was found guilty on 21 of 22 charges, except charge 9 where the Crown conceded
there was insufficient evidence that a specific handgun was loaded.

Ratio

To prove possession, the Accused must be shown to have both control (R. v. Terrence, [1983] 1
S.C.R. 357. ) and knowledge (R. v. Beaver, [1957] S.C.R. 531) of the handguns, ammunition,
documents and drugs.
Because the apartment where the items were seized was the Accused's residence, the Accused
was presumed to have knowledge of the contents of the apartment (R. v. Ukwuaba, [2015]
ONSC 2953). This presumption was never rebutted by the defense.

Because the Accused knowlingly kept the aforementioned items in a particular place for his
own benefit, the Accused was found to be in possession of the items (R. v. Morelli, [2010] 1
S.C.R. 253).

The Accused claims he was only a drug user (rather than a drug trafficker), but the court found
that the value and quantity of drugs found were too great to be for personal use. Further, the
Accused admitted to sharing the drugs, and sharing an illicit drug can found a conviction for
possession for the purpose of trafficking: (R. v. Lloyd, 2016 SCC 13, para 32). Finally,
circumstantial evidence increased the likelihood he was a mid-level trafficker.