R. v. C.C.P.

(Calgary, Q.B. - Possession for the Purpose of Trafficking). Client was charged with possession for the purpose of trafficking, simple possession and possession of a firearm in contravention of a firearms prohibition order.  After a week of trial, the client was acquitted by a Court of Queen's Bench Justice.  In this case, the police executed a search warrant at the residence of the accused. The allegation of "simple possession" of a small amount of pot was never in dispute. However, CCP contested that he possessed the larger quantity of drugs for any purpose and contested possession of the firearm. Possession requires proof beyond a reasonable doubt that the accused had "knowledge", "consent" and "control" over the item to be possessed. In this case, the firearm and the drugs were located in duffle bag, in a closet, in a bedroom that had not evidence it was occupied by the accused. Also, the accused testified that he had no idea abou the existence of the gun and drugs. The trial judge believed the accused, was left with a reasonable doubt as a result of his evidence and on the totality of evidence, including the fact that the items were not in plain view.  The accused was found "not guilty".   David Chow was trained to defend drug cases by Calgary drug lawyer, Patrick Fagan. For a free consultation, call 403.452.8018.