What is the test for possession for the purpose of trafficking?

British Columbia, Canada


The following excerpt is from R. v. Light, 1993 CanLII 1023 (BC CA):

130 In order to convict either of the appellants of possession for the purpose of trafficking, by application of the definition of possession found in s. 4(3), the jury would have to have been satisfied beyond a reasonable doubt, inter alia, that each exercised some measure of control over the marijuana in question; Regina v. Terrence, 1983 CanLII 51 (SCC), [1983] 1 S.C.R. 357. If the route to conviction was through s. 21(2), however, the jury would have been entitled to convict each of the appellants, even though they could not be shown to have exercised any control over the marijuana, so long as the jury was satisfied beyond a reasonable doubt that each had formed an intention in common to traffic in marijuana, with another accused against whom the requisite elements of possession could be proved, and that they knew or ought to have known that the offence of possession for the purpose of trafficking would be the probable consequence of that common purpose.

Other Questions


What is the sentence for possession for the purpose of trafficking in cocaine? (British Columbia, Canada)
Can a jury overturn a verdict of possession for the purpose of trafficking? (British Columbia, Canada)
What is the effect of the BCCA's policy of setting a guideline salary for the purpose of determining the appropriate amount for the purposes of guideline purposes? (British Columbia, Canada)
Is a physician required to possess and use that reasonable degree of learning and skill ordinarily possessed by practitioners in similar communities in similar circumstances? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for purpose? (British Columbia, Canada)
What is the difference between a trip to downtown Vancouver for a work purpose and a personal purpose? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
Does a pipefitter have to be considered a travelling employee for workers’ compensation purposes? (British Columbia, Canada)
What is the purpose of a non-pecuniary damage award in a personal injury action? (British Columbia, Canada)
Are life insurance premiums reasonably deducted from the income of the father for child support purposes? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.